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(영문) 인천지방법원 부천지원 2018.12.19 2018고정868

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of farmland with a size of 660 square meters in Kimpo B and 660 square meters.

Any person who changes matters permitted for prior development activities, such as construction of buildings or installation of structures, shall obtain permission to change development activities from the competent market.

Nevertheless, on April 2017, the Defendant constructed a reinforced retaining wall of about 1.5 meters in height and about 20 meters in length to alter the structure without permission, without obtaining permission for development activities, on the ground that it could cause damage to the neighboring areas of YY, even though he/she obtained permission for site development, the Defendant constructed a reinforced retaining wall of about 660 meters in length and about 20 meters in length to construct a house for farming household on or around February 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Acceptance and notification of reports on construction (new construction), notification of building reports, terms and conditions of consultation on permission for development activities, consultation on farmland conversion, consultation terms and conditions on farmland conversion, consultation on construction reports, consultation on development activities, notification of the results of examination, construction, large-scale repair, report on change of use, application for permission for development activities, project plan, and application of Acts and subordinate statutes to the detailed statement

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (2) and Article 56 (1) 1 of the Act on the Planning and Utilization of Specific Crimes, and Selection of fines for the crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

In order to correct illegal state, it is stated that the procedure to obtain permission to change development activities has been taken.

In recent 20 years, there has been living without criminal records.

In addition, punishment shall be imposed by comprehensively taking into account the following factors: the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.