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(영문) 대전지방법원 홍성지원 2013.04.10 2013고정70
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has obtained a construction permit and permission for development activities from the head of a budget for 1,92 square meters of 2,489 square meters of 2,489 square meters of 2,489 square meters of 2,481 to construct a house and a stable on October 5, 201 with respect to 2,489 square meters of 2

Any person who changes matters permitted for development activities shall obtain permission from the competent administrative agency.

Nevertheless, the Defendant, in contrast to the content of the permission that the Defendant did not obtain permission to change the foregoing development activities, laid down the earth and sand of 2,500 cubic meters from March 2, 2012 to March 3, 2012, and carried out the development activities, using one bitra and one dump truck, from March 2, 2012 to March 3, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. A work plan and floor plan;

1. A earth and water quality calculation table;

1. Copy of an application for development permission;

1. C-satellite drawings;

1. A copy of a letter of public notice regarding the repair of a building permit;

1. A copy of an official document through consultation on development activities (land form and quality change);

1. Application of Acts and subordinate statutes to investigation reports (related to measuring quantity of earth and sand taken out);

1. Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (2) of the Act on the Selection of Criminal Crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: although the Defendant’s previous permission for development activities was taken out without obtaining permission for change, the Defendant corrected the unlawful state after obtaining permission for change after the fact that the Defendant was a primary offender with no criminal record; and the Defendant appears to be against the Defendant’s confession of the instant crime, taking into account the factors for sentencing favorable to the Defendant, and comprehensively takes into account all the conditions for sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, background of the crime, and circumstances after the crime.

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