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(영문) 대구지방법원 김천지원 2018.01.30 2017고단1727

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, within a planned control area shall obtain permission from the competent authority.

Nevertheless, on May 1, 2016, from around October 201 to around October 2017, the Defendant engaged in development activities without permission by using scke and dump trucks in order to use it as a embling site necessary for construction of nearby accommodation facilities without obtaining permission from the competent authority, on the area of 7,542 square meters prior to the materials of Gyeong-gun, C, D, and E located in a planned management area.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Basic matters of a lot, old map, and ground plan of the current status of a lot;

1. Application of photographs on the current status of illegal development activities, on-site photographs, and statutes governing airlines;

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

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”) of the Criminal Procedure Act is significantly large in the area of land where the Defendant engaged in development activities without permission.

However, the Defendant recognized the entire crime of this case and reflected it.

Defendant has no record of criminal punishment for the same crime.

The defendant seems to have been working to restore the above land to its original state.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.