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(영문) 전주지방법원 정읍지원 2021.02.16 2020고정52
농어촌정비법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall illegally occupy or use agricultural production infrastructure without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.

Nevertheless, Defendant A was requested to remove facilities from the head of the office of the office of office, the office of management, the power line, the landing place, etc. on the water surface, when the agricultural infrastructure was leased from January 01, 201 to December 31, 2014 to be used as a pay fishing place for the reservoir located in the Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the agricultural infrastructure was installed. On December 31, 2014, Defendant A received a request to remove facilities from the head of the office of office, the office, the office of management, the power line, the landing place, etc. on several occasions even after the expiration of the contract term on December 31, 2014.

Nevertheless, from January 1, 2015 to September 2, 2019, the Defendant demanded that the branch offices of the Korea Rural Community Corporation extend the contract, or demand compensation, and illegally occupied and used the facilities without removing the facilities.

Summary of Evidence

1. Application of statutes governing the imposition of charges for occupation and use of agricultural infrastructure to the defendant's legal statement, a written accusation, the final known information about the expiration of the contract period for use for agricultural infrastructure and the request for removal of facilities (Attachment to data), the investigation report (Attachment to civil lawsuits related to this case), the investigation report (Attachment to facsimile), the investigation report (Attachment to civil lawsuits related

1. A fine of two million won to suspend the sentence of Article 130 (3) or 18 (3) 3 (a comprehensive determination of fines) of the Act on the Aggravated Punishment of Agricultural and Fishing Villages concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant illegally occupied and used agricultural infrastructure for a prolonged period of time, on the grounds of sentencing Article 59(1) of the Criminal Act of the suspended sentence.

In the process of civil procedure, ① the defendant waives his claim against the Korea Rural Community Corporation, leaves the facility, ② the Korea Rural Community Corporation shall file a complaint against the defendant.

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