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(영문) 부산지방법원 2016.02.04 2015고정3807
국토의계획및이용에관한법률위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 2014, the Defendant, without obtaining permission for development activities from the competent authority and permission for diversion of farmland, 204 square meters from among the farmland outside the agricultural promotion area outside the Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan, which is 526 square meters of farmland, changed the form and quality of the land as a vehicle access road after raising it into a large volume of 1.3 to 1.5 meters high, and used it as a vehicle access road after changing the form of the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. E statements;

1. A written accusation;

1. Orders for correction of restoration from the original state, and inspection and report on changes in the form and quality of farmland without permission;

1. A land register and a certificate of land use plan;

1. The application of statutes to reply to matters requiring cooperation and supplementary materials for response to matters requiring cooperation;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) 2 of the same Act (a point that alters the form and quality of land) concerning facts constituting an offense, Articles 57 (2) and 34 (1) of the Farmland Act (a point that diverts farmland);

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (Conversion of KRW 100,000 per day) to the custody of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act is deemed to have been committed by the F, and the responsibility of the Defendant is deemed not to be excessive in light of the degree of involvement of the Defendant, the entire land that has been altered in the form and quality was restored to the original state, the Defendant’s age, sex, conduct, intelligence and environment, circumstances leading to the instant crime, and other circumstances that are the conditions for sentencing indicated in the record, such as the circumstances after the instant crime, etc. are considered comprehensively, and thus, it is obviously expected that the Defendant will not again commit a

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