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(영문) 춘천지방법원 2017.08.30 2017고정182
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities, such as piling up goods for at least one month in a green area, control area, or natural environment conservation area, without permission, shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority from August 2016 to March 31, 2017, performed development activities by piling up aggregate of the size of 120 square meters in Gyeyang-gu, Suwon-gun, which is a management area, for at least one month, from October 2016 to March 31, 2017, and piling up aggregate of the size of 400 square meters in size in D, which is a management area, for at least one month.

2. On December 8, 2016, the Defendant failed to comply with an order to take measures, without justifiable grounds, despite being ordered to the effect that “the Defendant engaged in development activities without permission, as described in the foregoing paragraph (1), from the number of Yang-gu Armed Forces to December 16, 2016.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Written accusation of the number of both-gu Armed Forces, and F’s statement;

1. Application of Acts and subordinate statutes to field photographs (netly 6,41), confirmations of land use plan, confirmations of land use plan (D), notifications of orders for illegal development activities and restoration of original state for diversion of farmland, notices of orders for restoration of original state for each business trip (netly 13,17), photobook (netly 14,18), photobook (D), calculations of aggregate open volume, (C), investigation reports (related to field surveys);

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 140 and Article 56 subparagraph 5 (1) of the same Act concerning the facts constituting an offense, and Article 142 and Article 133 subparagraph 5 (1) of the National Land Planning and Utilization Act (the point of non-compliance with an order to take measures and the choice of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. Each of the crimes in this case committed by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

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