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(영문) 전주지방법원 군산지원 2015.08.13 2015고단490
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. In order to engage in development activities, anyone is required to obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun, but the Defendant collected earth and stone using scooterss without obtaining permission for development activities on the size B and C from March 1, 2014 to September 30, 2014.

2. In order to engage in development activities, anyone is required to obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun, but the Defendant collected earth and rocks using steculers with the size of 13,266 square meters from November 3, 2014 to March 31, 2015 without obtaining permission for development activities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement of accusation against the F, and a scene photograph of the violation;

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by accusation officials);

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning the selection of applicable laws and punishment for crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, collected earth and rocks without permission in order to promote private interests, and the amount of illegally collected earth and rocks seems to be a considerable amount, and that part of the land is not restored to original state, and that the defendant was sentenced to three years and six months of the suspension of execution on November 22, 2012 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective or deadly Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily

However, the fact that the defendant recognizes and reflects the crime, and the defendant commits the same crime.

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