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(영문) 수원지방법원 2017.10.23 2017고단4139
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who intends to change the form and quality of land shall obtain permission for development from competent authorities.

Nevertheless, from October 10, 2016 to October 16, 2016, the Defendant filled up at a height of not less than 20m with soil equivalent to 25,000 tons by using 25,00 tons in lusium C (former, 1,498m2), D (1,542m2), E (former, 1,578m2), and F (referring to 1,398m2) without obtaining permission for development from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes, such as notification of a guidance for restoration to the original state, guidance, each field photo, a certified copy, etc. of cadastral map, a certified copy of a register, a certified copy of a project for generating scattering dust, and an official announcement of known information

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution include cases where the area of the act of development without permission is considerably wide, but the criminal facts are recognized, the criminal facts are divided, and the restoration efforts are made.

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