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(영문) 창원지방법원 밀양지원 2015.04.02 2014고단361
국토의계획및이용에관한법률위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in development activities shall obtain permission for development activities from the competent authority, and even though he/she is required to obtain permission for diversion of farmland to divert farmland,

1. Around July 2013, the Defendant did not obtain permission for development or farmland diversion, and around 2013, installed a land stop work to create a site for a stowing site in an area of 107 square meters out of 193 square meters, D 125 square meters out of D 125 square meters, E 896 square meters out of E 896 square meters, and installed a stowing and electric facilities.

2. The Defendant did not obtain permission to engage in development activities and farmland diversion activities, and installed breaking, cutting, breaking, and electric facilities on the paddy field equivalent to 1,404 square meters of F2,476 square meters of land at the end of April, 2014, in order to create a site for the camping site.

Accordingly, the defendant conducted development activities without permission and diverted farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Calculation of a joint control report with the prosecutor's office on an erroneous act in a camping ground and an unlawful area;

1. Each report on investigation;

1. Copies of the land cadastre and Internet camera screen;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning the facts constituting an offense, and Articles 57 (2) and 34 (1) of the Farmland Act, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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