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(영문) 창원지방법원 2020.06.19 2019고단3577

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Although the Defendant was served on September 26, 2019, on the Defendant’s residence located in Kimhae-si B, with the purport that the alteration of the form and quality is ordered to restore to its original state by not later than October 22, 2019, the Defendant did not comply with the above order to restore to its original state by the specified deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file a complaint, request for implementation of correction of illegal acts in an urban area, and order for correction of restitution;

1. Article 142 and Article 133 (1) of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is reasonable; however, the area of the land used by the defendant without permission is equal to the area of the land used exclusively for the original purpose; however, after the prosecution, the defendant seems to have made efforts to restore the original state after the prosecution, and the defendant does not have any record of being punished for the same crime, the punishment as ordered shall be determined by taking into account all the various circumstances, including the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.