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(영문) 수원지방법원 성남지원 2017.06.14 2017고단546

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been entrusted by the owners of land with development activities on a parcel of 2,181 square meters in a site located in Gwangju-si, 1,013 square meters in the same area C, and 1,061 square meters in a field located in D.

Anyone who intends to engage in development activities specified by Presidential Decree, among activities that alter the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, the Defendant, from February 2017 to the first police officer of the same year.

3. He transferred the soil collected at the construction site and the new construction site of the Seoul memorial City from the total area of 4,273 square meters of the land in the above B, etc., which is an urban area, to 25 tons of a 25 tons of a dump truck to 500 dump truck, without obtaining permission from the Gwangju metropolitan market, and filled up the area equivalent to 5 meters of a dump truck.

Accordingly, the Defendant changed the form and quality of land without obtaining permission for development activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Location map and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (the attachment to the original land use plan);

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

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act provides that the form and quality of the reason for sentencing shall be changed considerably, the restoration to the original state is insufficient, the circumstances leading to the commission of the crime, and the circumstances after the crime shall be comprehensively considered;