국토의계획및이용에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.
2. An ex officio determination prosecutor added “Violation of the Farmland Act” to the name of the crime in the instant facts charged in the trial; “Article 57(2) and Article 34(1) of the Farmland Act; Article 40 of the Criminal Act” under the applicable law; and applied for changes to the contents of the facts charged as stated in the facts charged in the judgment below. Since this Court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.
[Judgment used again] The defendant is a person who resides in the wife B when he/she is admitted to facts constituting a crime.
Any person who intends to store goods in a green area, control area or natural environment conservation area for at least one month shall obtain permission from the competent authority for development activities, and a person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the head of an agricultural, forestry, and livestock product-related division.
Nevertheless, from March 15, 2016 to September 26, 2016, the Defendant engaged in development activities by piling up construction materials, such as the roof board, without obtaining permission to engage in farmland development activities from approximately 100 square meters of the above land, which is farmland outside the green area interest promotion area, and without obtaining permission to convert farmland, and used farmland.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. Application of statutes on site photographs;
1. Relevant Article 140 subparag. 1 of the National Land Planning and Utilization Act, Article 56 subparag. 5 of the same Act (unauthorized development acts), Article 57(2), and Article 34(1) of the Farmland Act (unauthorized use of farmland) concerning facts constituting an offense, and the selection of fines;
1. The Commercial Concurrent Crimes Act.