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(영문) 수원지방법원 안산지원 2015.11.04 2015고단2473
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 13, 2015, the Defendant was sentenced to a fine of KRW 4.5 million due to a violation of the National Land Planning and Utilization Act in the Suwon District Court’s Ansan support on the same day and four previous criminal records.

【Criminal Facts】

The defendant is a person who operates a second-class general residential area in which construction is restricted in B when lighting the second-class general residential area.

On April 21, 2015, the Defendant was ordered to transfer the above used water from the luminous Market to May 18, 2015 due to a violation of limitations on construction in the special-purpose area. On May 20, 2015, the Defendant was ordered to transfer the above used water from the luminous Market to June 18, 2015. On June 22, 2015, the Defendant was ordered to transfer the above used water from the luminous Market until July 20, 2015, but violated the above order to take measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Accusation, business trip report, notification of corrective orders, notification of correction promotions, and re-notification of correction promotions;

1. Previous convictions: Application of criminal records, investigation reports (previous and confirmation), court rulings, and copies of other statutes;

1. Article 142 of the National Land Planning and Utilization Act and Articles 142 and 133 (1) 8 of the Act on the Planning and Utilization of Criminal Records and the Selection of Imprisonment with prison labor;

1. The Defendant committed the instant crime by failing to comply with the instant order of transfer, even though he/she was subject to a disposition of a fine for changing the form and quality of land and for his/her physical business at the same location four times, on the ground that the reason for sentencing under Article 62(1) of the Criminal Act was changed in the form and quality of the land, but the nature of the instant crime is minor. However, the Defendant shall be determined as ordered in consideration of the circumstances favorable to the Defendant, including the background leading

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