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(영문) 대전지방법원 2015.10.21 2015고단2476 (1)
국유재산법위반등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who gives real estate consulting in the name of “D Co., Ltd.” in Sejong City.

No one shall use or benefit from State property without following the procedures and methods prescribed by the State Property Act or other Acts, and illegally occupy or use agricultural infrastructure without justifiable grounds.

Nevertheless, on September 2014, the Defendant installed facilities such as 130 meters fume, 40 meters fume, dump 40 meters fume, and dump 3 places on the said ditches to prevent the collapse of the structures installed on the adjoining land, which he consulted, from among the police officers and agricultural production infrastructure.

Accordingly, the defendant illegally occupied and used state property and agricultural infrastructure without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigative reports (to attach all registered matters and all certificates);

1. Investigation report (Verification of Agricultural Infrastructure);

1. A written accusation;

1. Application of each statute on photographs;

1. Relevant Articles 82 and 7(1) of the State Property Act concerning facts constituting an offense, and Articles 130(3) and 18(3)3 of the former Rearrangement of Agricultural and Fishing Villages Act (Amended by Act No. 12811, Oct. 15, 2014);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the State Property Act with heavier punishment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance such as the failure to restore the portion illegally occupied or used until now to the original state: A confession, reflectivity, and the same kind of criminal record, and the area of the illegally occupied or used part is relatively small: A sentence imposed on the Defendant’s age, family relation, details of crimes, etc.: Imprisonment with prison labor for not less than six months and a suspended sentence for not less than two years;

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