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(영문) 대전지방법원 공주지원 2019.03.22 2019고정15
농지법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of right to defense, part of the facts charged was revised.

Any person who intends to collect earth or stone shall obtain permission from the head of a Si/Gun/Gu.

1. On July 26, 2018, the Defendant violated the Farmland Act, without obtaining permission from the head of Cheongyang-gun to temporarily use farmland for other purposes from Cheongyang-gun, Cheongyang-gun, 257 square meters, and illegally collected and removed soil and rocks of about 900 square meters from 3 meters away from farmland.

2. The Defendant violated the National Land Planning and Utilization Act, as described in paragraph (1), illegally collected and removed soil and stone without obtaining permission for development activities from the Cheongyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of field photographs and cadastral map (satellite photographs) Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, subparagraph 2 of Article 58, Article 36 (1) 3 of the Farmland Act that choose to impose punishment (a point of temporary use of farmland without permission), subparagraph 1 of Article 140, and Article 56 (1) 3 of the National Land Planning and Utilization Act (a point of unauthorized development activities);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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