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(영문) 창원지방법원 2020.01.22 2019고단3415
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, from around December 2005, as an operator of “C” located in the above land owned by the lessee of Kimhae-si from around December 2005, and around July 26, 2019, received an order to reinstate a concrete package of approximately KRW 750 square meters and a structure of approximately 30 square meters installed in the above Kimhae-si without obtaining permission from the competent Kimhae-si market, but did not comply with the above order to reinstate until August 22, 2019, which is a prescribed period of reinstatement.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or a written order to correct an illegal act;

1. Application of current status of offenses, and statutes governing field photographs;

1. Article 142 of the relevant Act and Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the instant order of provisional payment is not smaller than the size of the land that was developed without the permission of the instant case, and the period for the use and profit of the Defendant is also significant, and the Defendant has the record of being punished by a fine for the same kind of crime with respect to the same land even around 2013. Meanwhile, the Defendant’s wrong and reflects the fact that the Defendant is divided and against the Defendant’s economic situation, and the Defendant’s age, character, character, environment, motive, means and consequence of the crime, etc., and all of the various circumstances constituting the condition for sentencing under the instant case, including the circumstances after the crime, shall

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