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(영문) 대구지방법원 경주지원 2016.05.11 2015고단665

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to perform an act, such as piling up goods in a green area for not less than one month shall obtain permission for development from the competent authority.

Nevertheless, the Defendant did not obtain permission for development, from August 1, 2010 to May 18, 2015, set up a middle-standing panel in the name of “J” in the area of 8 parcel 7,253 square meters, including C, D, E, F, G, H, I, and I, which is a green belt in the Yellow Park.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to the accusation, relevant Acts and subordinate statutes, notification of removal cooperation, official text of the original restoration order, aerial photography, notification of imposition of changed prize money, current status of deposited water, confirmation of each land use plan, certified copy of land register, and land ledger;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 5 of the same Act (or choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act on the whole removal of a medium-sized panel from which