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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
Around 14:10 on May 15, 2013, the Defendant stated in the instant indictment that “the date and time of the crime is around 02:10 on May 15, 2013.” However, according to the evidence in the summary of the evidence, the Defendant can be seen as “round 14:10 on May 15, 2013.” As such, the foregoing provision is obvious clerical error, and thus, it appears that it does not affect the Defendant’s exercise of the right to defense.”
On the ground of the cultivation of barley et al. on the river site in the D Han River site in the Chungcheongbuk-gun C, it was conducted by administrative vicarious execution due to non-performance of the illegal cultivation restoration for national rivers from E who is a public official in charge of the disaster rescue and the river in charge of the Gu Office, on the ground that he/she cultivated Bouri, etc
The Defendant entered into an administrative contract with the Korean War Office, and expressed that “F,” who was performing the above administrative vicarious execution work by using the Track farming machine, was able to do so, and the Defendant was driven by the said F with the Track farming machine operated by the Defendant as the Track Traccck.
Accordingly, the defendant interfered with the legitimate execution of administrative vicarious execution due to the non-performance of illegal cultivation of national rivers by public officials.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Each police statement to F and E;
1. Application of Acts and subordinate statutes to a written disbursement resolution, specifications of leased goods, administrative vicarious execution, warrant of vicarious execution, guidance, notification of restoration to the original state of illegal acts in a river and a request for restoration to the original state, report on the results of business trip of illegal acts in a river
1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;