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(영문) 창원지방법원 2016.10.06 2016고정777

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

Any person shall recognize the facts charged in a natural green area in an urban area without due process of Amendments to Bill of Indictment as there is no omission of “in the natural green area in an urban area” but there is no risk that such recognition would substantially disadvantage the defendant

Any person who intends to construct a building, or install a structure, shall obtain permission from the competent authorities.

Nevertheless, around April 2012, the Defendant installed two containers (70 square meters in total) without obtaining permission from the competent authorities in Kimhae-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The first and second suspect examination protocol of the prosecution against C;

1. Land cadastre and land use plan confirmation;

1. Current status photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 1 of the National Land Planning and Utilization Act concerning the relevant 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;