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(영문) 창원지방법원 진주지원 2019.10.30 2019고단925

국토의계획및이용에관한법률위반

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si/Gun.

Nevertheless, the Defendant changed the form and quality of land by making use of a 304m2, 304m2, 352m2, 435m2, 1,084m2, F forest land, 1,240m2, G forest, 843m2, 93m2, 136m2, K forest, 436m2, 6,025.7m2 in total of 6,025m2 in L field and 95m2, among each of the above land, the Defendant: (a) changed the form and quality of the land by making use of a sprink, D field, 652m2, 31m2, 31m2.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Application of Acts and subordinate statutes concerning accusation against a person who violates permission for development activities, on-site photographs, accusation reports, certified copies of cadastral map, basic matters for each parcel, land map, ground plan, floor plan, front-land plan, land utilization plan, satellite photographs, and drone photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the Act on the Planning and Utilization of Criminal Records, the choice of imprisonment with prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act (it is recognized that a person has committed a crime and is not subject to punishment exceeding the same crime or fine; Other consideration, such as the area, etc. of development activities, without permission);