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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1614

국토의계획및이용에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to six 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

1. A person who intends to alter the form and quality of land by cutting, filling, etc. the ground at a height of at least 50 centimeters shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun;

Nevertheless, the defendant, without obtaining permission from the number of plane captain units, from July 2017.

8. There was a change in the form and quality by arbitrarily raising it to the 17th parcel without obtaining the permission of the number of the plane captain as shown in the annexed list of crimes for the same period, including earth filled up at a height of up to 3 meters from B to 1,740 square meters, from Busan-gun, Busan-gun.

2. A person who engages in development activities, such as changing the form and quality of land, without permission for non-compliance with an order to take measures shall comply with an order to take measures issued by the Minister of Construction and Transportation, a Mayor/Do Governor,

Nevertheless, the Defendant removed only 42 square meters of earth and sand filled up in B, and did not comply with an order to take measures, even if he/she received an order to take measures on February 7, 2018 from the number of plane captain-gun and C to change the form and quality of the land in the plane captain-gun and C, from the number of plane captain-gun around February 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to accusation, written statement, location map, each field photograph, prior notice of disposition, corrective order, guidance, land use plan inspection result, entire certificate of registered matters, investigation report (public official DNA hearing and submission of materials attached thereto) shall apply;

1. Relevant Article 140 Subparag. 1 of the National Land Planning and Utilization Act, Article 56 Subparag. 2 of the National Land Planning and Utilization Act (a point of changing the form and quality of land without permission), Articles 142 and 133(1)5 of the National Land Planning and Utilization Act (a point of non-compliance with an order to take measures), and each decision of imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.