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(영문) 광주지방법원 2018.04.13 2017고정1853
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to change the form and quality of land and any person who intends to store goods in a green area for at least one month shall obtain permission for development activities;

Nevertheless, the defendant does not obtain permission for development activities;

A. On October 2016, in the form and quality of the above land, changing the shape and quality of the above land by packing 15 tons of 1,914 tons of truck on the land of 1,914 square meters in Gwangju Mine-gu, Gwangju High-gu, by packing 15 tons of truck;

B. From November 8, 2016 to January 31, 2017, an act of piling up five strawlss in the above land, which is a green area.

2. The defendant;

A. On November 9, 2016, an order was issued by the head of the mine office to take measures that “the above land is to be restored to its original state by December 8, 2016” from the head of the mine office on the ground that it changed the form and quality of the above land without obtaining permission for development activities as seen in paragraph (1) above and stored goods on the above land for at least one month, but the above order was violated because it did not restore the above land to its original state by December 8, 2016;

B. On the same ground as the foregoing “A” on December 15, 2016, the head of the Si/Gun/Gu issued an order to take measures to reinstate the said land by January 20, 2017, but failed to reinstate the said land by January 20, 2017, thereby violating the above order to take measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to field photographs, official documents for reinstatement, and land use planning certificates;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 and 5, Article 142, and Article 133 (1) 5 of the same Act concerning the facts constituting an offense;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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