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(영문) 창원지방법원 2020.01.17 2019고단2211
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who actually owns and manages “C”, an unauthorized building located in forests and fields, such as G, G, etc. on May 2, 2019; the Defendant, around May 2, 2019, notified “C” in “C,” such as removal of each building without permission, etc. and restoration of land, the form and quality of which have been changed; the Defendant, “order to correct restoration” on or around the 20th of

6. Around 19.19.0, a person did not comply with the request for the performance of a corrective order for reinstatement.

Summary of Evidence

1. Statement by the defendant in court;

1. An official document related to notification of the request for corrective measures to reinstate an illegal act in each urban area, and an official document related to prior notification of corrective measures to reinstate an illegal act in each urban area;

1. Application of the location map and on-site photograph statutes;

1. Article 142 and Article 133 (1) of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act concerning criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the Defendant was erroneous and reflected by the Defendant; (b) the Defendant was the primary offender; and (c) the Defendant was occupying the instant illegal building around 2016; and (d) the Defendant’s character and conduct, environment, motive, means and consequence of the crime; and (c) the conditions for sentencing as indicated in the instant case, including the circumstances after the commission of the crime, shall be determined as ordered by

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