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(영문) 의정부지방법원 2021.01.14 2020고단4565

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to alter the form and quality of land, which is accompanied by raising at least two meters in farmland, 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 the head

On March 2020, the Defendant changed the form and quality of land by dump trucks, etc. using dump trucks, etc. on the area of 2,787 square meters in Gyeonggi-do, Gyeonggi-do, C, D, and E farmland, which is a competent authority, and on March 202, the Defendant changed the form and quality of land by making it more than 2.5 meters high in height of the above land.

Summary of Evidence

1. Records of each police's statement concerning F of the defendant's statement in each police interrogation protocol concerning G of the police's statement related to the defendant's statutory statement, records of each police interrogation protocol accused of the violator of Acts due to illegal development activities, cadastral map and measurement of level of banking

1. Photographs;

1. Application of Acts and subordinate statutes concerning investigation reports;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same 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. The size and height of the land filled up for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is reasonable, and the restoration to its original state is not yet performed. However, since the crime of this case is recognized and against the fact that the act of banking was performed to use it as farmland for its original purpose, the motive of the crime can be considered, the primary offender without any criminal history, and all other sentencing conditions such as the defendant's age, sex behavior, environment, etc. shall be determined as ordered by the order.