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(영문) 춘천지방법원 2020.11.03 2020고단932
국토의계획및이용에관한법률위반
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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

1. Any person who intends to change the form and quality of land without permission shall obtain permission for development from the head of the competent Si/Gun;

Nevertheless, on February 20, 2020 to March 2020, the Defendant mobilized heavy equipment and changed the form and quality of land by cutting and raising it from 2 meters to 5 meters (see, e.g., Article 51(2)4 of the Enforcement Decree of the National Land Planning and Utilization Act) on the ground that the Defendant 8,975 square meters (see, e.g., the 7th page of the evidence record) of the 12,668 square meters (see, e.g., the 11st page of the evidence record) of Gangwon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant owned by himself without obtaining permission from the head of Hongcheon-gun to March 2, 2020.

2. The head of a Si/Gun having jurisdiction over a violation of an order for restoration to the original state may revoke permission, authorization, etc., suspend construction, remodel or relocate structures, etc., take other necessary dispositions or order a person who engages in development activities without obtaining permission for development activities.

Nevertheless, on June 8, 2020, the Defendant violated the act of changing the form and quality of land without permission referred to in paragraph (1) (see, e.g., evidence No. 17 of the record) by Hongcheon-gun to “recaping the form and quality of land to its original state by June 30, 2020,” even though the Defendant received a notice of restitution of illegal development activities (i.e., notification of restitution of the original state to its original state, and did not take any measure without the lapse of the above period.

Summary of Evidence

1. The defendant;

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