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(영문) 광주지방법원 2017.12.19 2017고정1705
국유재산법위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall use or benefit from State property without following the procedures and methods prescribed by the State property Act or other Acts.

The Defendant, who is engaged in agriculture in the Southern-gun B, did not follow the procedures and methods prescribed by the State Property Act or other Acts with respect to the site for the water supply of State-owned property located in Sung-gun C, Nam-gun, which was managed by the North and South Korea Rural Resources Corporation prior to the Korea Water Resources Corporation, but did not follow the procedures and methods prescribed by the State Property Act or other Acts. From November 2016 to May 16, 2017, the Defendant installed a chemical boiler for the purpose of supplying hot water in his/her vinyl to supply hot water to his/her vinyl facilities, and loaded

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Field cadastral map, satellite photograph, and certified copy of register;

1. On-site photographs of occupation and use without permission;

1. Application of Acts and subordinate statutes, such as a written request for reinstatement of State property;

1. Article 82 of the relevant Act and Articles 82 and 7 (1) of the State Property Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

The favorable circumstances: the circumstances to be considered in the present case are as follows.

The defendant has no record of punishment for the same crime.

In light of the legislative intent of the State Property Act for the protection of state property, it is necessary to strictly punish such crime.

Until now, damage has not been recovered.

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