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(영문) 수원지방법원 여주지원 2017.03.22 2016고단1410

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development from the competent authority.

Nevertheless, on July 2016, the Defendant cut the land equivalent to 4,932 square meters without obtaining permission from the competent authorities in order to create a site for detached houses, facilities for cultivating seeds and seedlings and access roads in Echeon-si, Gyeongcheon-si, 2016, and changed the form and quality thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A certified copy of the cadastral map, a land ledger, a removal of earth and sand resulting from the damage of land before illegal mountainous districts, or a current map of conversion of illegal mountainous districts;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act does not include a small area of land that has changed the form and quality, there are disadvantageous circumstances, such as having not divided his/her wrongness, the defendant is sentenced to the same punishment as the order in consideration of favorable circumstances, such as the circumstance that has no criminal history, etc.