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(영문) 수원지방법원 2016.08.04 2016고단2543
농지법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry.

Nevertheless, the Defendant did not obtain permission for diversion of farmland, and used approximately 710 square meters of farmland in Sung-si, an agriculture promotion area, on March 2012, in concrete packaging and using it as the agricultural machinery storage place, etc.

Accordingly, the defendant diverted farmland in the agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation for the preparation of the head of the regular south;

1. Application of statutes on the details of tort;

1. Relevant legal provisions and Articles 57(1) and 34(1) of the former Farmland Act (amended by Act No. 10599, Apr. 14, 201); the choice of imprisonment and/or imprisonment for a crime

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, has diverted farmland in an agricultural promotion area without permission, and the defendant has not complied with the order of restoration from the competent administrative agency three times, and has not been restored to its original state until now. The crime's nature is less than that of the crime.

However, considering the fact that the defendant is both aware of and against the mistake, it is ordered as per Disposition by comprehensively considering the circumstances leading to the crime of this case, the defendant's age, sexual conduct, etc., and all of the sentencing conditions shown in the theory of change.

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