logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.17 2017고단5018
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the National Land Planning and Utilization Act;

(a) A person who intends to engage in development activities, such as constructing a building without permission, changing the form and quality of land, shall obtain permission from the competent authority;

On May 2016, the Defendant cut approximately KRW 974 square meters of forest land in D and 2 lots outside Namyang-si, Namyang-si, and changed the form and quality of land without obtaining permission from the competent authority.

(b) A person who intends to engage in development activities, such as the construction of a building for construction works to alter without permission, change the form and quality of land, shall obtain permission from the competent authority, and where a person who has obtained permission for development activities intends to change matters permitted,

The Defendant did not obtain permission for change from the competent authority on May 2016, and constructed it differently from the content of permission for development, such as installation of a reinforced retaining wall not included in the time of obtaining the initial permission from D and 2 parcels in Namyang-si, Namyang-si, 2016.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and obtain permission for change even

The Defendant did not obtain permission or permission for change from the competent authorities, and diverted mountainous districts as described in paragraph (1).

3. A person who intends to erect a retaining wall, chimney, advertising tower, or any other similar structure prescribed by Presidential Decree, shall report to the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu.

On May 2016, the Defendant did not report to the competent authority, and constructed a reinforced soil retaining wall at a height of 0.5m from 0.5m to 5.0m in height, and 118.2m in length.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

arrow