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(영문) 수원지방법원 2017.10.19 2017고단3078
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing

Nevertheless, the Defendant conspired with E and the same year from July 21, 2016.

8. From 738 square meters (referred to as “F”) in FF of the wife Population F (referred to as “F”) up to the first patrolman, the form and quality of land was changed by piling up the remaining soil generated at the construction site of the logistics center located in the wife Population G in Young-si without obtaining permission from the Incheon-si mayor, and from September 8, 2016, from that time, the form and quality of land was changed by piling up approximately 7,339 square meters of the above F, etc. at 7,339 square meters of land, such as the list of crimes in the annexed list of crimes committed in the annexed Table, without obtaining permission from the mayor, by piling up approximately 65,00 tons of the remaining soil by means of an excavating machine, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H, I, and J;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

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

1. Each police statement made to K, H, I, and J;

1. A written accusation;

1. Filling photographs, guidelines for permission for development and operation, and field photographs without permission;

1. A report on investigation (Submission of additional data by an accused public official), four copies of field photographs, and 34 copies of field photographs;

1. Two copies of written consent for bringing in of earth and sand, and 17 on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (as to the confirmation of the state of land in violation area);

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) (including changes in the form and quality of soil without permission), and the selection of imprisonment for a crime;

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

1. Determination as to the assertion of acquittal of Defendant and defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The gist of the instant facts charged is either a single offense against the violation of the Mountainous Districts Management Act in which the Defendant already received a summary order and paid a fine, or a single offense.

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