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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall divert the farmland in an agricultural promotion area without obtaining permission to divert farmland.
Nevertheless, from around 2018, the Defendant leased approximately 1,797 square meters to another person without obtaining permission for a mushroom cultivation house located in Y which is farmland in the agricultural promotion area from around 2018 to around 1,797.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. Application of building ledgers, written confirmations of land use plan;
1. Relevant legal provisions concerning the facts constituting an offense, Articles 57 (1) and 34 (1) of the Farmland Act that choose a penalty, and the choice of imprisonment;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the following circumstances and Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
The circumstances at a disadvantage: (a) the act of diverting farmland without permission, such as the instant crime, without permission, to the extent that it undermines the efficient management of national land, and the pertinent farmland is farmland within the agriculture promotion area and the area of the exclusive use is equal to the total area of 1,797 square meters: The Defendant is against the recognition of the crime; (b) the Defendant has no record of any particular criminal punishment since he/she was punished by a fine for a dual offense in around 191; and (c) the exclusive farmland is deemed to have been endeavored to restore to its original state.