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(영문) 대구지방법원 서부지원 2020.05.07 2019고정397
국토의계획및이용에관한법률위반
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Any person who intends to carry out development activities piling up goods in a green area for at least one month shall obtain permission from the head of Si/Gun;

From June 2016 to September 2018, the Defendant stockpiled the possession vehicles, rollers, construction materials, etc. on the land above the production green area in Daegu-gun B, the production green area.

Accordingly, the defendant performed an act of piling up goods in a green area for at least one month without obtaining permission from the head of the achievement Gun.

2. On July 25, 2017, the Defendant failed to comply with an order issued by the head of the Gun to change the form and quality of land or voluntarily remove goods from the Si/Gun to restore the illegal land to the original state by August 31, 2017, thereby violating the order to take measures.

Summary of Evidence

1. Defendant's legal statement;

2. A statement of reasons for requesting an investigation, a statement of request for investigation, and a statement of request for restitution of illegal development act by the head of a Si/Gun which has been achieved (Evidence records 17 pages);

3. Application of statutes on site photographs.

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 5 of the National Land Planning and Utilization Act (the occupation of piling up articles without permission), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (the occupation of violating the order to take measures), and the selection of a fine for a crime;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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