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(영문) 창원지방법원 2018.04.18 2017고단3321

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Crime] The instant case: (a) the judgment of the Busan District Court on February 2, 2017 that violated the Act on the Control of Narcotics, Etc., which was sentenced to imprisonment with labor for one year/ suspended execution: (b) the lapse of two years: (c) April 21, 2017; and (d) the final judgment of the judgment of April 21, 2017 / [criminal facts] the Defendant did not obtain permission for development activities from the Kimhae-si Market; (b) around March 2, 2017, he changed the form and quality of land by raising the land at a height of 3.4 meters at a height of 1,507 square meters and then changing the form and quality of land from March 2, 2017 by 9,557 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records ( punished by imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of Article 62-2 (1) of the Criminal Act to be imposed on the former sentence of ten months: Imprisonment with prison labor for a period of ten months or suspension of execution, two years of community service, and grounds for aggravation of 120 hours: Additional violations after a majority crime, accusation, or complaint (excluding dubing out of the aggregate), submission of data on completion of recovery from original state on January 30, 2018 (50% of the actual recovery rate): confession, submission of data on recovery from original state on April 10, 2018, and criminal records, etc. of a limited concurrent crime after Article 37 of the Criminal Act;