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(영문) 창원지방법원 2013.11.19 2012고단2328 (1)

국토의계획및이용에관한법률위반

Text

A person shall be punished by imprisonment with prison labor for not less than four months, and a person who commits the crimes of the No. 3 and No. 4 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On December 17, 2010, the Defendant was sentenced to a suspended sentence of two years in the Changwon District Court for a crime of adultery. On December 25, 2010, the said judgment was finalized on December 25, 2010.

The Defendant, who is an urban planning zone, leased and used a 2,048 square meters in Kimhae-si, a 2,607 square meters in lots, and a 2,165 square meters in lots in E field, and a person who is using a 1,302 square meters in F in Kimhae-si, who is an urban planning zone, intends to engage in development activities, such as construction of buildings or installation of structures, shall obtain permission from the Mayor of Kimhae-si

Nevertheless, the defendant

1. Construction of a building of 64 square meters in a prefabricated-type panel structure without permission from Kimhae-si C on December 1, 2009;

2. On September 1, 2010, after engaging in flatization work without obtaining permission on the F, D, E, approximately approximately 2,400 square meters of land in Kimhae-si on or around September 1, 201, the form and quality of land is altered by spreading aggregate;

3. Construction of a temporary building of 24 square meters in a prefabricated-type panel structure without obtaining permission from Kimhae-si on May 1, 2012, and construction of a temporary building of 15 square meters in containers;

4. On May 1, 2012, around the 1st day of Kimhae-si, without obtaining permission from the F, D, and E, H beamed steel structure, etc.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. The police statement concerning G;

1. Photographs photographs of the place of violation, written confirmation of land use plan, and aerial photography;

1. A written accusation;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the fixed date of a case sentenced to suspension of execution of sentence) and statutes;

1. Article 140 subparagraph 1 of the relevant Article on criminal facts, Article 56 (1) 1 of the National Land Planning and Utilization Act (the occupation of an unauthorized building), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (the modification of the quality of land without permission), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 5 of the National Land Planning and Utilization Act (the occupation of piling up without permission), and the choice of imprisonment, respectively;

1. Crimes of Articles 37 (latter part) and 39 (1) of the Criminal Code, which are crimes of Articles 1 and 2 of the Criminal Code.