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(영문) 청주지방법원 영동지원 2016.08.25 2016고정4

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where any person conducts an act, etc. that alters the form and quality of land by means of soil suspension, packaging, etc., he/she shall obtain permission for development activities from the competent authority.

Despite such fact, the Defendant did not obtain permission from the competent authority for development activities, and the indictment between April 201 and May 2015 stated “ around August 13, 2015.” However, according to the evidence duly adopted and examined by this court, it can be deemed as above. Such recognition does not materially disadvantage the Defendant’s right of defense.

Since it is determined, it is recognized as above without being changed in the indictment.

In the area of 1,573 square meters in the land located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, and the cutting of the height of 2m high by using pokes for flatization work, etc. was changed in the form and quality of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 2 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

4. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The gist of the claim is that the Defendant was engaged in cutting-up work within 50 cm by removing trees for about 8 hours from the land in the Chungcheong-gun C (hereinafter “instant land”) and cutting-up work within 50 cm from the land in the Chungcheong-gun C (hereinafter “instant land”), and did not change the form and quality of the land by cutting or banking the instant land more than 50 cm.

2. Determination:

A. At the time of the instant case, A public official D, who was a public official in the construction and affiliated with the Si/Gun/Dong-dong Office at the time of the instant case, consistently receives a civil petition regarding the instant land from an investigative agency to this court, and around May, 2015, at the same time.