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(영문) 춘천지방법원 강릉지원 2016.11.18 2016고정228
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Although a person who intends to engage in development activities without permission obtained permission from the competent authority, the Defendant, on November 2015, performed development activities, such as cutting off and reclaiming a lot of land of approximately KRW 1,000 square meters and reclaiming two PE pipes, to create a path to enter D without obtaining permission for development activities in B, C, D, and E in the middle-term patrol zone.

2. The Defendant who failed to comply with the order;

(a) Around January 13, 2016, a person fails to comply with an order to reinstate development activities, such as the foregoing 1. Paragraph (1), to the original state by February 4, 2016, upon receipt of an order from a three-party mayor to restore to the original state;

B. Around April 27, 2016, the order to take measures was not complied with even if he/she received an order to restore the said unauthorized development act to the original state by May 9, 2016, and thus violated the above order.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. G statements;

1. A written accusation;

1. Each order for restoration to its original state (including a final copy);

1. Application of Acts and subordinate statutes to each location map and photograph, land use plan inquiry and data pertaining to the accusation of illegal developers (land form and quality change);

1. The point of non-compliance with an order to take measures under Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the Act on the Planning and Utilization of National Land: Articles 142 and 133 (1) of the Act on the Planning and Utilization of National Land;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for a crime committed due to an act of development without permission as shown in the most severe punishment)

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

1. On the ground that the sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the first police officer acquired each of the instant land as an auction and did not smoothly utilize land for the purpose that was acquired through restrictions under public law, the due process is disregarded.

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