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(영문) 대구지방법원 2016.01.29 2015고정2731

국토의계획및이용에관한법률위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Mayor, or the head of a Si/Gun, to change the form and quality of land to alter the form of land by cutting exceeding

Nevertheless, on May 31, 2015, the Defendant, without obtaining permission from the Daegu Metropolitan City Mayor (Seoul Metropolitan City Mayor). On May 31, 2015, the Defendant discussed a large volume of soil of 2 meters in depth in forests and fields located in Daegu Dong-gu, the Defendant owned.

2. On July 14, 2015, from around 08:00 to around 10:00, the Defendant obstructed traffic by installing a pipe to claim ownership on the roads adjacent to the forest and fields located in Daegu Dong-gu C, Daegu, thereby obstructing the flow of vehicles that he/she intends to drive on the said road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (to hear statements by telephone of a public official in charge);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 140 Subparag. 1 of the National Land Planning and Utilization Act, Article 56 Subparag. 2 of the Act on the Selection of Punishment, and Selection of Punishment (unauthorized Alteration of Form and Quality) concerning criminal facts, Article 185 of the Criminal Act, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (the Defendant is the primary offender, the Defendant committed the instant crime in the process of removing the trees planted in the instant forest, but was restored to its original condition, and the Defendant’s measurement resulted in danger of traffic obstruction by installing a pipe, but the period of time has not elapsed. Although it is not confirmed whether or not the Defendant’s agreement with the accuser was reached on the instant case, both sides of the instant case were agreed to be smooth on the grounds that the Defendant filed a complaint with the accuser, etc. in relation to the instant case.