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(영문) 창원지방법원 2016.02.17 2015고정729
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in activities falling under changing the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a branch office of a Special Self-Governing Province or the head of a Si/Gun (hereinafter referred

Nevertheless, the following year from December 10, 2014 by the Defendant

1. From October to October, 10, the Defendant filled up the volume of two meters for cultivation of crops on a site of 12,722 square meters in size without obtaining permission from the head of the window C and D in Changwon-si, Changwon-si.

As a result, the Defendant conducted development activities without obtaining permission from the head of the counter (the “two-meter aggravation” of criminal facts No. 5 included in the facts charged as “two-meter or more” was revised by deeming that there is no risk of causing substantial disadvantage to the Defendant’s exercise of his/her right to defense). The summary of evidence is as follows.

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Location map and on-site photographs;

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

1. Article 140 subparagraph 1 of the same Act and Article 56 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense;

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

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In addition to not less than two meters high on the ground above, the Defendant’s act is a change in the form and quality of land for cultivation under Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51(2) of the Enforcement Decree of the same Act, which is a case for cultivation under Article 56(1)2 of the same Act and under Article 51(1)2 of the same Act, and is possible without permission.

2. According to the records, it is difficult to view that the defendant's height on the above B-site is more than 2 meters objectively (for this reason, partial revision of facts charged was made). However, in the case of changes in the form and quality due to banking, according to the National Land Planning Act and its Enforcement Decree, it is for raising and cultivating 50 centimeters or less in height.

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