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(영문) 전주지방법원 2018.07.16 2018고단1006

국토의계획및이용에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Anyone who intends to engage in development activities shall obtain permission or permission for change from the competent authority.

Nevertheless, the Defendant, upon receiving a request from B for construction of solar power generation facilities on the land in the former west-gun, performed construction from B, cut up approximately 434 square meters of land that was not permitted from the Gun Office of complete implementation from February 2017 to May 201 of the same year, collected approximately 35,159 square meters of land, collected and removed approximately 35,159 square meters of land on the site in which the place was located, installed a gate with a length of 230 meters, and cut up approximately 3,490 square meters of land without obtaining permission from the Gun Office of complete implementation.

After all, the Defendant installed a structure and changed the form and quality of land without obtaining permission and permission for change from the headquarters of the Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the suspect B of the police;

1. Accusation against the violator of the National Land Planning and Utilization Act;

1. Application of reference document legislation

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 1 of the same Act (a point where an unauthorized structure is installed), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the same Act (a point where the form and quality of land are altered without permission), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 3 of the National Land Planning and Utilization Act (a point where soil and stones are collected without permission), Articles 140 subparagraph 1 and 56 (2) of the National Land Planning and Utilization Act (a point where permission for alteration has not been obtained);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant in the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is more cutting or obtaining permission for development activities than obtaining permission for development activities while receiving a supply of and performing construction works for solar power infrastructure, including delegation of administrative affairs with respect to permission for development activities from B.