국토의계획및이용에관한법률위반
The judgment of the court below is reversed.
The accused shall announce the summary of the judgment of innocence.
1. Summary of grounds for appeal;
A. According to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Enforcement Decree of the same Act, the permission is unnecessary in the event of raising land below 50 cm (=0.5 m) in the event of raising land.
Since the Defendant, in order to cultivate, embling up to 50 cm with soil mixed with inorganic sludge, it is only possible to establish a crime of violating the National Land Planning Act, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine.
B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. When the additional prosecutor of the ancillary charge maintains the existing facts charged as the primary charge, and “any person who intends to change the form and quality of land shall obtain permission from the competent authorities.”
Nevertheless, on February 20, 2016, without obtaining permission from the competent authorities, the Defendant applied for the amendment of an indictment to add approximately KRW 1,400 cubic meters of inorganic sludge, which is the commercial wastes supplied by the Defendant C, owned by the Defendant, to the ancillary facts. The Defendant applied for the amendment of an indictment to which the said land was filled by using approximately 1,400 cubic meters of inorganic sludge, which is the commercial wastes supplied by the Defendant E, and the
3. Determination
A. 1) Any person who intends to change the form and quality of the land in connection with the primary facts charged shall obtain permission from the competent authorities.
Nevertheless, on February 20, 2016, without obtaining permission from the competent authorities, the Defendant filled the above land by using inorganic sludge in 2,800 cubic meters, which is the commercial wastes supplied by the Defendant in Sejong City C and D, which are owned by the Defendant, from the Defendant, around February 20, 2016.
In the written indictment, "the size of 2,800 square meters of the above land was filled by using inorganic sludge."
However, according to the record, “the area of filled-up land is not “ 2,800 square meters” but “the inorganic nature used for filling-up.”