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(영문) 인천지방법원 부천지원 2015.11.19 2015고단2773

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as constructing buildings, installing structures, or changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on June 2015, installed a structure by installing several fences with a length of 4 meters in order to create a high water surface on the land B (land category B prior to the land category, 1,458 square meters) and C (3,025 square meters: 3,025 square meters) in Bupyeong-gu, Seocheon-gu and Seocheon-gu (hereinafter referred to as the “Macheon-gu”), and performed development activities by altering the form and quality of the land.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement that is the accusation of D;

1. Application of Acts and subordinate statutes of accusation, control photographs, government certificates for each registered matter, Class I land parcels, and written confirmations of a land implementation plan;

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) 1 of the National Land Planning and Utilization Act (a point where a structure is installed without permission), Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (a point where the form and quality of land are altered without permission), and selection of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is relatively wide in the area of land where the defendant illegally changed the form and quality of the land, and still has not yet been restored to the original state. However, the fact that the defendant is against the defendant, the defendant has no particular criminal record other than the minor criminal record, there is no record of the same criminal record, and the defendant is able to faithfully implement the measures for restoration to the original state in the future, taking into account the circumstances favorable to the defendant, and taking into account all other factors of sentencing specified in the argument of this case