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(영문) 인천지방법원 2017.06.14 2017고단1062
국토의계획및이용에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as installation of structures, in a planned management area shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor.

On November 1, 2016, the Defendant installed a retaining wall structure (4.5 meters high, approximately 20 meters long, and approximately 20 meters long) in C (A), which does not obtain permission for development activities, and performed development activities without permission, while obtaining permission for development activities from the Office of the Vindication-gun, Incheon (Yak-gun).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. Application of Acts and subordinate statutes to a written accusation, photographic land, and investigation report (if applicable);

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

1. Although the defendant had been able to punish two times a violation of the Building Act on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the defendant's responsibility is not exceptionally applied in light of the fact that he committed the instant crime.

However, the past records are relatively old punished by a fine, and after the request for the summary order of this case, the defendant obtained a permit after the request for the summary order of this case to engage in the development activities of this case, the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex

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