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(영문) 대전지방법원 천안지원 2013.11.21 2013고정1066

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant,

1. 토지의 형질을 변경하여 개발행위를 하고자 할 때에는 관할 관청의 허가를 받아야 함에도, 관할 관청의 허가 없이 2012. 12. 초순경부터 2013. 2. 중순경까지 피고인 소유의 천안시 서북구 B 답(畓) 1440㎡에 약 5미터 정도의 높이로 흙을 성토하는 방법으로 토지의 형질을 변경하여 개발행위를 하였고,

2. The same year from February 27, 2013 to the foregoing act from the astronomical City Mayor

3. An order of restitution (first) received by the deadline 27.

5. An order of restitution was not implemented on the basis of the receipt of the order of restitution (II) on the basis of 15.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. An accusation, a field photograph of illegal development activities, a full certificate of registered matters, an order to reinstate illegal development activities, a request for reinstatement to the original state, and the application of Acts and subordinate statutes to photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 (unauthorized Development Activities), Articles 142 and 133 (1) 5 ( point of non-compliance with the order to take measures) of the same Act concerning the facts constituting an offense, and the selection of each fine;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the sum of the maximum amount of the crimes above the punishment prescribed in the National Land Planning and Utilization Act and Article 37 (1) 2 and Article 50 (Aggravation of Concurrent Crimes within the extent of the sum of the maximum amount of the crimes above the punishment prescribed for a violation of the National Land Planning and

1. Articles 70 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;