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(영문) 창원지방법원 2020.02.07 2019고단3578

국토의계획및이용에관한법률위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay a fine, 100.

Reasons

Punishment of the crime

Defendants are joint operators of “C”.

around March 2009, the Defendants failed to comply with the requirement to restore the above high-water site to its original state without obtaining permission for the development of the jurisdictional Kim Sea market from around July 26, 2019 to August 22, 2019. The Defendants failed to comply with the requirement to restore the above high-water site from the jurisdictional Kimhae-si D around July 26, 2019 to its original state without obtaining permission for the development of the jurisdictional Kim Sea market.

As a result, Defendants conspired to do development activities without obtaining permission for development activities and violated the order to take measures in the jurisdiction Kimhae market ordering restoration to the original state.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes, such as a written charge, field photograph, etc., and a corrective order and promotion of restitution;

1. Articles 142 and 133(1)5 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, and the choice of fines

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the Provisional Payment Order: The size of the land that was developed without the permission of the instant case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not smaller than “the answer”; the period during which the Defendants used and used the land is also considerable; Defendant B was punished by a fine for the same kind of crime with respect to the same land even around 2013 in the case of Defendant B; on the other hand, the Defendants are divided and reflected; the Defendants appear to have made efforts to restore the original state; the Defendants appear to have made efforts to restore the original state; and the Defendants’ health conditions are not good, etc.; and all of the various circumstances, including the following circumstances, such as the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.