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(영문) 창원지방법원 2019.05.08 2018고정707
국토의계획및이용에관한법률위반
Text

The defendant shall be punished by a fine of one million won, and a fine of five hundred thousand won, as stated in the judgment, for the second crime.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court on September 1, 2016, and the said judgment was finalized on September 9, 2016.

1. Any person who intends to change the form and quality of land to 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-Governing Province

Nevertheless, on February 16, 2014, the Defendant changed the form and quality of the above land by spreading and packaging aggregate of 1,320 square meters among 1,47 square meters in Kimhae-si B 1,477 square meters without obtaining permission from the Kimhae-si market.

2. On November 16, 2016, the Defendant violated an order to take measures, the first order to restore the violation described in paragraph (1) from the Kimhae market to its original state until November 30, 2016. On March 29, 2017, the Defendant failed to comply with the second order to restore the said violation to its original state until April 12, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and field photographs;

1. Details of registered mail sent;

1. A real estate lease contract;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to a final and conclusive judgment);

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Articles 56 (1), 142, and 133 (1) of the same Act concerning facts constituting an offense, and Articles 140 subparagraph 1, 56 (1) of the same Act concerning the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that a person who violated the Act on Special Cases concerning the Settlement of Traffic Accidents, which has become final and conclusive, shall take into account equity with regard to the crime No. 1 as indicated on the grounds of sentencing of Article 334(1) of the Provisional Act. However, the area and degree of the form and quality of the land due to the instant crime, the Defendant’s restoration to the original state after the prosecution

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