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(영문) 제주지방법원 2019.09.25 2019고단693
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to change the form and quality of land and install structures in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2018, changed the form and quality of the land by raising up soil equivalent to 1.5 - 7m of land and piling up stone, and performed development activities by installing structures on four lots (area 7,587mp.), such as Seopo-si B, C, D, E, F, etc. (area 7,587mp.) owned by the Defendant.

2. Any person who intends to build, rebuild, alter, or remove a structure, object, or other facility in violation of the Road Act or to occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, the Defendant, without permission from the competent authorities for the temporary border under Paragraph 1, laid up soil of 4-5 meters in G in Seogpopopo City, which is a road, and occupied and used a road by piling up stone festivals.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written accusation;

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

1. Article 140 subparagraph 1 of Article 140, Article 56 (1) 2 and 1 of the National Land Planning and Utilization Act concerning criminal facts, Article 114 subparagraph 6 of the Road Act, Article 61 (1) of the Road Act, the choice of imprisonment with prison labor;

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

1. The sentence shall be determined as ordered, comprehensively taking into account various circumstances shown in the pleadings of this case, such as the fact that the defendant has no criminal record of imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62 (1) of the Criminal Act, the completion of restitution to the original state, reflects the defendant's age, character and conduct, family relationship, environment, circumstances and result of the crime, and the circumstances after the crime

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