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(영문) 창원지방법원 밀양지원 2017.03.30 2016고단597
농지법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The prosecutor prosecuted the criminal facts of each case on the premise that the criminal facts under the former part of Article 37 of the Criminal Act are in a substantive concurrent relationship, but this is the case where one act constitutes several crimes, so there is a reciprocal concurrence relationship under Article 40 of the Criminal Act.

It is reasonable to view it.

However, since the recognition of these criminal facts does not disadvantage the defendant's exercise of his/her right to defense, it did not go through the amendment process of indictment.

1. A person who intends to divert farmland to the Republic of Korea or engage in development activities, such as changing the form and quality of land, etc., shall obtain permission from the competent administrative agency. However, on January 2016, the Defendant: (a) was engaged in diversion of farmland and/or development activities at the same time, such as piling up a stone embankment of about three meters in the river boundary by using the digging hole in the Pyang-si C and D, and cutting off from the boundary of E, and creating a housing site by conducting flat work.

2. A person who intends to divert F farmland or to engage in development activities to change the form and quality of land at the time of smuggling shall obtain permission from the competent authority, but the Defendant cut the boundary part of G with the crypator using the crypator on May 2016, and simultaneously performed development activities at the same time, such as diversion of farmland and creation of a housing site by making the crypization work.

3. A person who intends to divert H farmland or engage in development activities, such as changing the form and quality of land, etc., shall obtain permission from the competent authority, but the Defendant: (a) stored, around January 2016, a stone axis of approximately one meter in the boundary with I at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C

4. A person who intends to use or take profits from, or engage in development activities, such as changing the form and quality of land, from, the J-si, shall obtain permission from the competent authorities, but the defendant cut the roads, which are State property, at the J-si around May 2016, without obtaining permission from the competent authorities.

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