logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2016.11.10 2016고단405
농지법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Where any person who violates the River Act intends to occupy and use land in a river area, he/she shall obtain permission from the river management agency;

Nevertheless, on July 2016, the Defendant laid off the crushed stone without obtaining permission from a river management agency in the B river area, approximately 300 square meters in the end of the horse, and occupied the land in the river area by installing four horizontal and four electric facilities without permission.

2. No person who violates the Farmland Act shall divert any farmland outside an agricultural promotion area without obtaining permission to divert the farmland;

Nevertheless, the suspect, without obtaining permission on the diversion of farmland around September 2014, sealed off the 215 square meters on the land in Seoyang-si, Seoyang-si, C, 215 square meters, and used the fluoral and parking lot to divert the farmland without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the Act and subordinate statutes to the inquiry report and investigation report (attached to a summary order of the same criminal record as a suspect);

1. The occupation and use of river areas without permission for the relevant legal provisions concerning criminal facts: Subparagraph 5 of Article 95 of the River Act and Article 33 (1) of the same Act: Article 57 (2) and Article 34 (1) of the Farmland Act;

1. Selection of each selective fine for punishment (the fact that the punishment has been imposed for the same kind of crime since 2014, and the crime in this case is a separate date and time, and a concurrent crime of another act committed in the same place);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

arrow