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(영문) 수원지방법원 2020.09.04 2020고단834

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Any person who changes matters permitted for development activities shall obtain permission from the Mayor, etc. and shall not engage in development activities without obtaining permission for change.

Unlike the terms and conditions of the permission to engage in the development activities in the chemical market for B workers in emuli City, the Defendant installed a structure by piling up a retaining wall of approximately 346 square meters in horizontal projection area, approximately 93,109,737 cubic meters in total, and approximately 12.3 tons in gross weight on the above site without obtaining the above permission to engage in the development activities in the chemical market.

Accordingly, the Defendant did development activities without obtaining the above permission of change.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the chemical market;

1. On-site photographs of a written statement of regional agricultural injection C;

1. Modified drawings;

1. Hearing statements by telephone from the person in charge of the civil engineering and design office;

1. Application of Acts and subordinate statutes to hear statements from a person responsible for accusation;

1. Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (2) of the Act on the Selection of Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In addition to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the circumstances leading up to the instant crime, the fact that the Defendant did not restore to its original state until now, and the fact that there was no record of punishment for the same kind of crime, the Defendant’s age, character, behavior, attitude, means and consequence of the instant crime, and all the sentencing conditions specified in the records and arguments, including the circumstances after the crime