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(영문) 수원지방법원 2014.11.28 2014고단3822
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

A person who intends to divert the use of farmland or change the form and quality of land shall obtain permission from the competent authority, but around June, 201, the Defendant used farmland for residential purposes by installing containers in Yong-si C (area 1,275 square meters), which is farmland in the agriculture promotion area.

Accordingly, the defendant diverted farmland without obtaining permission, and simultaneously changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A written accusation;

1. Current status and nearby land registration map;

1. A land utilization plan and a damage prevention plan;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) concerning facts constituting an offense, and Articles 57 (1) and 34 (1) of the Farmland Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering that there are circumstances that may be somewhat different from the circumstances of criminal conduct, the defendant has no power to commit the same crime, and there is no history exceeding the fine, etc.);

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