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(영문) 춘천지방법원 2017.06.01 2017고정165

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or

Nevertheless, on November 2016, the Defendant cut at least 2 meters in depth in order to create a site for the installation of a container and a plastic house from the Hongcheon-gun, Hongcheon-gun, Gyeongwon, without permission, and changed the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing an accusation, accusation, location map, photograph, general certificate of real estate (land), land register, public land register, list of public land, certificate of all the registered matters, business trip name, official document of notification in advance about the place where illegal development activities are located, and official document of notification in advance regarding the place where illegal development activities are located;

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. Considering that the defendant confessions the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the order for restoration has not been implemented until now, and considering all circumstances, such as equity in punishment with other persons who committed the same kind of crime similar to the same content, the amount of fine determined by the summary order cannot be deemed to be excessive. Thus, the punishment shall be determined like the order.