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(영문) 창원지방법원 밀양지원 2015.02.26 2014고단362
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

Any person who intends to engage in development activities shall obtain permission for development activities from the competent authority, and obtain permission for diversion of farmland in order to divert farmland.

Nevertheless, the Defendant did not obtain permission to engage in development activities and farmland diversion permission, and performed development activities without permission by cutting celebling cele trees which were planted in the paddy field of 2,043 square meters in Yyang-si around March 2014, and by breaking celebling celestones, and diverting farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A joint control report and land cadastre of prosecution's office against Otop camping activities;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 140, Article 56 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense, and Articles 57 (2) and 34 (1) of the Farmland Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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