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(영문) 청주지방법원 제천지원 2015.08.13 2015고단282
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

From April 15, 2014 to July 2014, the Defendant did not obtain permission for development activities from the Incheon City, and did development activities to create tourist farms in the aggregate of 6,022 square meters in the Incheon City B, C, D, and E, and did not comply with the above order to take measures on October 18, 2014, including the following: (a) the Defendant received an order to take measures: (b) around October 28, 2014: (c) the Defendant was issued an order to take measures, such as installing fences, burcium, outdoor toilets, play facilities, water tank, water tank, parking lot site, etc. to restore land to the original state as forest land and farmland; and (d) the Defendant did not implement the order to take measures until November 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Confirmations of the land use plan (B), confirmations of the land use plan (C), confirmations of the land use plan (D), confirmations of the land use plan (G), confirmations of the land use plan (E), complete certificates of matters to be registered (B, C

1. Delivery of the results of the current status survey on illegal land, earth map, survey of actual status;

1. Review of the National Land Planning Act and reporting on the plan for measures, location map, and on-site photographs based on accusation of illegal buildings;

1. Notification of reinstatement orders due to illegal development activities (land form and quality change), notification of the second reinstatement orders due to illegal development activities (land form and quality change), application of Acts and subordinate statutes to report on the results of illegal development activities (land form and quality change);

1. Article 142, Article 133 (1) 5, and Article 56 of the National Land Planning and Utilization Act concerning the relevant criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act did not comply with the administrative agency's restoration order even though he did not obtain permission for development activities, and the above act is considered to be disadvantageous to the defendant, and there is no criminal record more than the suspension of execution.

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