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(영문) 창원지방법원 통영지원 2017.04.26 2016고단1861

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in activities prescribed by Presidential Decree that alter the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor

Nevertheless, in order to create a housing site on the fourth parcel of land, such as Jinsung-gun, Gyeongnam-gun, etc., from the early police officer of June 2016 to the lower police officer of the same month without permission, the Defendant cut the land in the area by using sckes, etc., and cut up the land equivalent to 5,000 cubic meters of soil, and changed the form and quality of land equivalent to 2,100 square meters of the length of the surrounding area.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Accusation of an illegal offender (civil petition service division -14758), accusation site, location map, cadastral map, field cadastral map, and field photo;

1. A copy of the official document of restoration instruction to the original state and change the form and quality of the land without permission, and a copy of the official document of request for correction (2j);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to certificates registered on land);

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution appears to be against the defendant, the restoration to the original state, the area of the land that the defendant changed the form and quality without permission is wide, and the defendant seems to have collapsed at the axis of the boundary line abutting on the local road after changing the form and quality of the instant land without permission, and other factors such as the defendant's age, health status, sex and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be comprehensively considered and determined as the sentence as ordered.