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(영문) 대구지방법원 상주지원 2015.08.25 2015고단256

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as gathering soil and rocks, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun, and obtain permission

Nevertheless, the Defendant, while being delegated with the construction of the collection of earth and rocks from B upon permission from April 23, 2013 to March 30, 2015, conducted development activities by adding 16,00 cubic meters (the permitted number: 2013-12; the date of permission: April 22, 2013) more than 29,537 cubic meters (the permitted number: 2013-12; the date of permission: April 22, 2013) and collecting earth and rocks, without obtaining permission from the competent authority, from May 23, 2013 to March 30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Permission for development activities (B);

1. Application of statutes on field photographs;

1. Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (2) of the same Act concerning the facts constituting an offense;

1. The sentence of suspended execution pursuant to Article 62(1) of the Criminal Act is not to be restored to its original state, but to be changed to its original state in light of the situation following the instant case, and there are circumstances to consider the circumstances leading to the Defendant to commit the instant crime; the Defendant has no same criminal record; the Defendant has no criminal record; and the sentence is to be imposed as ordered in consideration of the age, character and conduct and environment of the Defendant; the motive, means and consequence of the instant crime; and the circumstances after the crime,