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(영문) 대구지방법원상주지원 2020.12.23 2020고정44

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Governors

Nevertheless, on October 2018, the Defendant cut the slope of the land with high height of 2-3 meters by cutting it in the Yacheon-gun, B, and C without obtaining permission for development from the Yacheon-gun on October 2018, and changed the form and quality of approximately 2,350 square meters by filling the land with low height of 2-3 meters into soil with low height of 2-3 meters with low height of 2-3 meters into stone, and piling the stone with a stone.

Summary of Evidence

1. Application of satellite photographs, location map, cadastral map, and land cadastre-related Acts and subordinate statutes to the defendant's written accusation of his/her legal statement;

1. Article 140 Subparag. 1 of the National Land Planning and Utilization Act and Articles 140 and 56(1) of the same Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Act on Provisional Payment Order is significantly widening the area where the Defendant engaged in development activities

However, the parts that can be restored from among the changes in the form and quality shall be restored to the original state, and the impossible parts shall be legalized with permission for development activities, taking into account the fact that the defendant is the primary offender, and the punishment as ordered shall be determined in consideration of all the sentencing conditions