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(영문) 수원지방법원 2017.01.26 2016고정3141
국토의계획및이용에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in the wife B in Young-si.

Any person who intends to store goods in a green area, control area or natural environment conservation area for at least one month shall obtain permission from the competent authority for development activities.

Nevertheless, the Defendant, from March 15, 2016 to September 26, 2016, performed development activities by piling up construction materials, such as a roof board, without obtaining permission from approximately 100 square meters at the above place, which is a green area.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 5 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime; (b) the size of piling-up of goods without permission is not wide; and (c) the Defendant’s photograph submitted on January 23, 2017 shows that all of the piling-up goods are to be loaded, a punishment is determined as per the text.

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