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(영문) 창원지방법원 2016.05.18 2016노8

국토의계획및이용에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, on July 2014, intended to obtain permission for and install a container installed in a green area in an urban area, but refused to file a civil petition by mistake in statutory interpretation in Kimhae-si. Therefore, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

The argument is asserted.

2. In full view of the evidence duly adopted and examined by the lower court and the materials submitted by the Defendant in the lower court and the trial, the following facts are as follows: ① there was no application for permission under Article 56(1) of the National Land Planning and Utilization Act at the time of Kimhae-si, a green area in the urban area, and ② the Defendant reported the installation of the instant container at the time of Kimhae-si on June 26, 2015, but was notified that the permission was impossible for development activities pursuant to Article 56 of the National Land Planning and Utilization Act; ③ the Defendant was issued a written report on the construction of the instant container for the purpose of warehouse facilities (a warehouse) from Kimhae-si on August 15, 2015, but solely on such circumstances, it cannot be accepted in light of the legal principles that the Defendant asserted that the instant container was obtained permission under the National Land Planning and Utilization Act due to the installation of the instant container.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.