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(영문) 수원지방법원 2016.09.01 2016고단3487
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from a Mayor;

Nevertheless, the Defendant changed the form and quality by making use of c.5 meters in width and 100 meters in length using c.m. in order to use 361m2 as a passage through the g., the Defendant, without obtaining permission for the g.m. market, around November 2015, the Defendant changed the form and quality by making use of c.5m in width and g.

2. Any person who intends to convert a mountainous district in violation of a Mountainous Districts Management Act shall determine its purposes and obtain permission for mountainous district conversion;

Nevertheless, on November 2015, the Defendant, without obtaining permission for conversion of mountainous district, cut the 2883 square meters of land in Y C, and laid down night trees and miscellaneous trees for the purpose of farming houses, and laid down soil from neighboring construction sites, and converted the use of mountainous district by changing the form and quality thereof.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements prepared in D;

1. Application of field photographs and aerial photography statutes;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (the point of changing the form and quality without permission), subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, and the selection of fines for each crime;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good in light of the content and method of the instant crime, the scale of land converted to the form and quality without permission, etc., the nature of the crime is not good. However, considering the fact that the Defendant is erroneous and the primary offender is recognized, and the restoration of the instant forest has been partially completed, the following factors are considered: (a) the Defendant’s age, character and conduct, background leading to the instant crime, circumstances after the commission of the crime, etc.; and (b)

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