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(영문) 부산지방법원 2018.08.28 2018고단2187
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

From May 2017 to October 2017, the Defendant filled up soil at a height of 4,000 square meters outside the agricultural promotion area, which is farmland outside the agricultural promotion area, without obtaining permission from the competent authority (hereinafter “the Defendant”), and he he he he he he he he he he he he he he stockpiled up the 5m high and he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he saws up to 100m in length, and approximately 2.5-4m in height). Accordingly, the Defendant, without obtaining permission from the competent authority

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of the location map and on-site photograph statutes;

1. Relevant Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act - Article 56 (1) 2 of the Farmland Act - Articles 57 (2) and 34 (1) of the Farmland Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Taking into account the fact that a person restores the original reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment, and the fact that there exists no history of criminal punishment exceeding the fine and is against his/her mistake;

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