국토의계획및이용에관한법률위반
The defendant shall be innocent.
1. Although a person who intends to engage in development activities on the summary of the facts charged obtained permission from the head of the competent Gun, etc., the Defendant, from around November 13, 2015 to the following day, changed the form and quality of the land by removing miscellaneous and miscellaneous trees in the place where the land was located using the Dododododododododododo, without obtaining permission as above (hereinafter “instant land”), from around November 13, 2015, the Defendant changed the form and quality of the land.
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(1) Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51(1)3 and (2) of the Enforcement Decree of the National Land Planning and Utilization Act provide that one of the development activities is to change the form and quality of land (excluding where the form and quality of land are changed by means of cutting, filling, leveling, etc., and the reclamation of public waters is completed, and where a person intends to change the form and quality of land for the purpose of cultivating crops, raising farmland, improving the soil productivity and improving the productivity of farmland, and installing the acquisition and drainage facilities on the farmland on which the construction of the public waters has been completed. Article 140 subparag. 1 of the National Land Planning and Utilization Act provides that a person who intends to change the form and quality of land without obtaining permission for development activities in violation of such provision shall be subject to permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun (hereinafter “head of a Gun”).