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(영문) 수원지방법원 평택지원 2015.11.19 2015고정495
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A. A person who intends to change the form and quality of land shall obtain permission from the competent market, but the Defendant cut and filled up the ground of 1,330 square meters of the 1,330 square meters of Ansan-si around April 2015 and changed the form and quality of land without obtaining permission from the competent market.

B. A person who intends to convert a mountainous district shall obtain permission from the relevant authorities in accordance with the classification of the type, area, etc. of the mountainous district for a specified purpose, but the Defendant destroyed the mountainous district by cutting and raising the mountainous district of not more than 1,330 square meters among Ansan C at the end of April 2015 without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) on criminal facts; subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (unauthorized conversion of a mountainous district);

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

1. Selection of an alternative fine for punishment;

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

1. The punishment specified in the summary order shall be partially reduced by taking into account the fact that the defendant's error in sentencing under Article 334(1) of the Criminal Procedure Act recognizes the sentencing of the provisional payment order is completed to restore to the original state, the defendant has no same criminal record, and there is no record of criminal punishment for the last ten years or more, and the penalty shall be determined as ordered by

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