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(영문) 인천지방법원 2013.12.04 2013고단2907
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person of "2013 Height 2907" shall construct any building, install any structure, change the form and quality of land without obtaining permission from the competent authorities.

Nevertheless, around January 2013, the Defendant installed aggregate scrapers, which are structures, without obtaining permission from the competent authorities in Seo-gu, Seo-gu, Incheon, F, G, H, I, J, K, and L, and installed concrete packings at the same place as a structure around February 2013.

Accordingly, the Defendant installed a structure and changed the form and quality of land on a size of about 390 square meters without obtaining permission from the competent authorities.

The defendant of "2013 Highest 4290" is a person who operates N Co., Ltd. that engages in aggregate extraction and crushing business in Seo-gu Incheon Metropolitan City.

A person who intends to screen, clean, or crush aggregate shall report it to a competent authority.

Nevertheless, the Defendant did not report to the competent authorities, from April 2013 to June 5, 2013, installed one screen for screening and crushing aggregate from the Seo-gu, Seo-gu, Incheon Metropolitan City E and F, and crushed aggregate at an average of 500 tons per day.

Summary of Evidence

"2013 Highest 2907"

1. Defendant's legal statement;

1. Each police statement of theO;

1. On-site photographs, the location map, drawings, each official letter, and the registration certificate of aggregate extraction business;

1. Each investigation report "2013 Highest 4290";

1. The defendant's legal statement (the fourth court date);

1. A statement of reference witnesses of P;

1. On-site photographs, business registration certificates and registration certificates of aggregate extraction business;

1. Application of Acts and subordinate statutes to photographs of evidence and reports on screening and crushing aggregate;

1. Article 140 subparagraph 1 of Article 140 of the Act on the Planning and Utilization of National Land Planning and Utilization Act, Article 56 (1) 1 of the National Land Planning and Utilization Act, subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 50 subparagraph 5 of Article 50 of the Aggregate Extraction Act, and Article 32 (1) 1 of the Aggregate Extraction Act, and the choice of imprisonment,

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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