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(영문) 대전지방법원 천안지원 2016.10.21 2016고정77
국토의계획및이용에관한법률위반
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The facts charged shall be revised as stated in the facts charged to the extent that it is not likely to substantially disadvantage the defendant's exercise of his/her defense right.

Any person who intends to engage in activities prescribed by Presidential Decree, which change the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self

Nevertheless, the Defendant, on April 23, 2015, transported soil to a truck without obtaining permission from the competent authority on the land in the Dong-gu Seoul Special Area (2.893 square meters) of the Dong-gu Seoul Special Metropolitan City (2.893 square meters) and then changed the form and quality of the land by raising 100 meters in length, 30 meters in width, and 70 centimeters in height.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on construction of a temporary building, a copy of a written ruling, and a business trip report (C);

1. On-site photographs (six pages of evidence records), and the photograph site (six pages of the photograph of the defendant in light of the following circumstances, it may be sufficiently recognized that the defendant committed the crime of this case. ① A public official of the Gangnam-gu Office in Yanan-gu Office directly located in the site of this case and confirmed the fact that the defendant filled up more than 50 cm high in height by inserting three of the land at the site of this case up to the original soil up to the time the defendant filled up, and measuring the height of the land. ② It is true that D did not undergo prior notification under the Framework Act on Administrative Investigation in the process of confirming the height of filling up. However, it is difficult to see that D’s on-site verification is an actual investigation procedure (except for the collection of evidence to prove specific criminal suspicion, it was not a compulsory method in the process of confirmation, but it was possible to destroy evidence if notified in advance.

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