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(영문) 춘천지방법원 강릉지원 2019.08.22 2019고단753
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in development activities prescribed by Presidential Decree, such as installation of structures, alteration of land form and quality, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City

Nevertheless, on November 2018, the Defendant used two lots of land, such as Gangnam-si B and C, with a size of at least 24,703 square meters, and performed development activities by stockpiling a stone shed with a size of at least 138.5 square meters in horizontal projection area and a weight of 150 tons.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the details of expulsion);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records and the Selection of Imprisonment with prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions that the defendant illegally changes the form and quality are more favorable: The defendant acknowledges and reflects the crime, the defendant has no record of punishment for the same kind of crime, and the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the records and arguments of the case shall be determined as ordered, taking into consideration the following factors:

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