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(영문) 전주지방법원 군산지원 2018.09.05 2017고정398

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant cut the land of approximately KRW 747 square meters in early January 2017 using a digging hole and changed the form and quality of the land without permission, on the ground that it is difficult for the Defendant to grow fruit in Yancheon-si B due to the inflow of rainwater from the competent authorities, and that it is difficult to grow fruit in Yansan-si B.

Summary of Evidence

1. D Legal statements;

1. Statement made by the police against D;

1. Written statements of D;

1. Accusation against an illegal development offender, on-site photographs, and the application of relevant statutes;

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 2 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his/her defense counsel claim that the height of cutting of the defendant does not exceed 2 meters and thus does not require permission for development activities. However, under Article 56(1)2 of the National Land Planning and Utilization Act and Article 51(2) of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree”), where the purpose of cultivation is to change the form and quality of land as prescribed by the Enforcement Decree for the purpose of farming, namely, changing the form and quality of land for the purpose of cultivating crops, promoting and improving the soil power of farmland, and improving productivity, and where the alteration of the form and quality of land for the purpose of installing pumping and drainage facilities of acquiring land has an impact on the irrigation, drainage, and farming of neighboring land, ② Where the defendant and his/her defense counsel makes use of earth and sand, etc. which are likely to cause water pollution or soil contamination, such as recycled aggregate, abandoned soil at a place of business, inorganic sludge, etc., and ③ where the change of land category and form of land is not subject to permission for reclamation.

The defendant;