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(영문) 대전지방법원 홍성지원 2016.06.30 2016고정22

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as changing the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, or Special Self-Governing Province;

Nevertheless, on May 2015, the Defendant, without obtaining permission from the competent administrative authority, packaged the 996 square meters of the above forest as a ice container using the refratator in the forest of Bocheon-si, Sincheon-si. In order to change the form and quality of the land.

2. The Defendant did not restore the said forest to its original state within a period of 30 days from the Sincheon-si around June 5, 2015, even though he received an order to restore the said forest to its original state within a period of 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation or reply to the preparation of Boli-si;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographic materials);

1. The relevant legal provisions and Articles 140 subparag. 1, 56 subparag. 2 (unauthorized development acts), 142, and 133 subparag. 15 (a) of the National Land Planning and Utilization Act regarding criminal facts, and each of the fines for negligence (in violation of an order to take measures) is alleged to the effect that each of the above facts is different from the land and area for which the order to take measures was issued from Boh City, and the criminal facts indicated in the judgment. However, according to each of the above evidence, the above facts are alleged to the effect that each of the above facts is different from the land and area for which the order to take measures was issued from Boh City, Boh City, Boh City, to the effect that the above size was the combined area of the land and D forest in Boh City, Boh City, where the Defendant changed the form and quality of the land, and that the above assertion did not take measures to restore the original state even if the Defendant was well aware of the aforementioned circumstances. Therefore, the above assertion is rejected)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;