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(영문) 인천지방법원 2017.10.19 2017고단6297
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Permission for development activities shall be obtained from the competent authorities in order to change the form and quality of land;

Nevertheless, from November 23, 2016 to March 6, 2017, the Defendant changed the form and quality of land by raising approximately approximately KRW 50,985 square meters among production green areas of approximately 73,596 square meters of approximately 44 square meters in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu.

2. Although the defendant committed an act of changing the form and quality of land without permission as prescribed in paragraph (1) and the head of Seo-gu Incheon Metropolitan City Office issued an order to correct the original restoration to the defendant as of March 7, 2017, and April 7, 2017, the defendant did not comply with the order without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Comparison table on support for illegal discussions on development activities;

1. Implementation of restoration to the original state and submission of data (2j), B restoration to the original state, etc. (3j), and corrective orders (3j);

1. Application of the location map, on-site photographs, and on-site drawings and subordinate statutes;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 140 and Article 56 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization, Articles 142 and 133 (1) of the National Land Planning and Utilization Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The fact that the size of the land that has changed the form and quality for the reason of sentencing specified in Article 62-2 of the Social Service Order Criminal Act is reasonable and that the entire area has not yet been restored to its original state is considered as an unfavorable element against the defendant. The fact that the defendant is against the defendant, the fact that the defendant has no previous conviction in the same kind, and that some restoration from the original state is

This is to determine the same type as the order in addition to the motive and background of the crime, character and conduct, environment, etc. of the defendant.

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