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(영문) 대구지방법원 2018.10.30 2018고정755
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. A person who intends to change the form or quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province branches, or

Nevertheless, the Defendant, without obtaining permission from the competent authorities, has the same year from April 6, 2018.

5. Until May 5, 200, the form and quality of the land was changed by cutting and raising the land through the cutting and banking work to make access roads for the installation of temporary buildings on the land of Daegu Dong-gu B2,098 square meters.

2. Any person who intends to perform an act that may affect the depth of public waters by dumping soil or stone into public waters, etc. shall obtain permission for occupation or use of public waters from the managing authority of public waters, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authorities, has the same year from April 6, 2018.

5. Until May, 5, 200, the Daegu East-gu Seoul-gu cutting process of cutting earth and sand, etc. was dumped into the Daegu-gu dong-gu 950 river, thereby affecting the depth of public waters.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Accusation against a violator of the Management of Mountainous Districts Act, and application of statutes governing site photographs;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act (the occupation of changing the form and quality of land, the selection of fines), Article 62 subparagraph 2 of the Act on the Management of Public Waters and Reclamation (the occupation of an act affecting the depth of public waters, the selection of fines) and Article 8 (1) 8 of the same Act on criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant and his defense counsel shall establish access roads from another forestry successor as to the charged facts.

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