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(영문) 의정부지방법원 2016.04.20 2015고단3682
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority to engage in development activities, such as changing the form and quality of land;

On July 2015, the Defendant cut and filled up approximately 3,758 square meters in the area of C, D, E, F, G, H, H, I, J, K, L, and M, Nam-si, Nam-si, Nam-si, without obtaining permission from the competent authority.

Accordingly, the defendant was engaged in development activities without permission from the competent authorities.

2. Any person who violates the Building Act shall report to the competent authority for the construction of a structure, such as a retaining wall, to create a building site;

The defendant, without reporting to the competent authority, constructed a reinforced earth retaining wall with a length of 105 meters and height of 0.6-3.6 meters at the same time and place as Paragraph 1.

Accordingly, the defendant constructed a retaining wall to create a site without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court (as at the third public trial date);

1. A statement of N orO;

1. A written accusation;

1. Application of Acts and subordinate statutes to an investigation report on illegal acts, a report on the current status of land, a notice of an order for restoration to the original state, and an area with illegal progress

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 subparagraph 2 of the same Article (unauthorized development acts), Article 110 subparagraph 3 of the Building Act, Article 83 subparagraph 1 of the same Article concerning facts constituting an offense, and Article 140 subparagraph 1 of the same Act, and Article 56 subparagraph 2 of the same Act (the occupation of a structure without reporting), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A reasonable circumstance in which the Defendant, without permission, changes the form and quality of the land, wide area of the retaining wall constructed without reporting, is punished by a fine for a crime similar to Kim, 2013: All of the instant crimes are recognized, and the Defendant’s mistake is against himself/herself, and the head of the site site where he/she develops a house on his/her own land including the instant land.

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