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(영문) 광주지방법원 순천지원 2017.10.30 2017고정390

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to engage in the development activities piling up goods within a green area for not less than one month shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority, performed development activities by piling up the slot aggregate (15 tons) in a size equivalent to 3,000 square meters of land in Gunsan-si B, C, and D, a green area, from December 9, 2016 to May 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, location map, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of details confirmed by a police officer in charge by accessing a land use regulation information service site);

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 5 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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

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