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(영문) 창원지방법원 2019.03.15 2019고정94

국토의계획및이용에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. No one shall install any structure without permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing City Mayors, Special Self-Governing Province Governors, or heads of Sis/Guns;

Nevertheless, the Defendant did not obtain permission from the Kimhae market, and around July 2017, in the forest owned by the Defendant in Kimhae-si B of the same year from around August 2017, the Defendant engaged in development activities to install pipe bridges, which is a structure of three square meters in a size of 3 square meters adjacent to that place.

2. The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may issue necessary dispositions or orders to a person who engages in development activities without permission for development activities violating an order to reinstate, but shall not violate such orders to take measures.

On July 9, 2018, the Defendant had a pipe bridge installed as described in paragraph (1) from the Kimhae market for the same year.

8. Orders to reinstate removal, up to August 2, 2018, and the same year, around August 22, 2018;

9. The order to reinstate was issued two times in total to remove up to 18. The order was not complied with.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A criminal investigation report (Attachment to a statement by the director of the department D of theC Company);

1. Application of statutes on site photographs;

1. Relevant statutory provisions and Articles 140 (1) and 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (a violation of orders for reinstatement), and the selection of fines;

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

1. Article 59 (1) of the Criminal Act (limited to a fine not exceeding 1,500,000 won) of the suspended sentence;

1. Grounds for sentencing of Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day conversion) of the Criminal Act for the detention in a workhouse: 1.5 million won.