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(영문) 창원지방법원 2012.12.13 2012고정1121

국토의계획및이용에관한법률위반

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1. Defendant A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Any person who intends to engage in development activities by constructing buildings or installing structures shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor

1. From January 7, 2012 to December 21, 201, Defendant A constructed a stone shed amounting to 76 meters extended to 0.4 meters in width, 30.4 meters in horizontal area, 66.8 meters in volume, and 107.54m in weight, without obtaining permission for development activities in the original market, in Chang-si, Chang-si, Chang-si (a green belt, a natural green belt, and a green belt) owned by the Defendant.

As a result, the Defendant installed structures without obtaining permission for development activities from the market.

2. From January 7, 2012 to December 21, 2012, Defendant B built a stone shed amounting to 42m, width, 0.4m, horizontal projection area, 16.8mm, volume, 50.4m, weight, and 81.14m in weight without obtaining permission for development activities of the Changwon-si, Changwon-si (natural green belt, electric green belt, etc.) owned by the Defendant.

As a result, the Defendant installed structures without obtaining permission for development activities from the market.

Summary of Evidence

1. Defendants’ respective legal statements

2. Accusation against the violator of development activities, the current status of building structures, and the application of Acts and subordinate statutes on site photographs;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 1 of the National Land Planning and Utilization Act concerning facts constituting an offense;

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

3. The Defendants’ act of sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, based on which the Defendants’ act was based, is an unauthorized structure, and the nature of the crime is not weak. However, the Defendants’ act of development for agricultural purposes, which was inevitable to reinforce the lost strong rainfall due to typhoons, the Defendants’ act of carrying out ex post facto permission procedures by preparing relevant documents, and all other circumstances in the instant case are considered. It is so decided as per Disposition on the grounds above.