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(영문) 수원지방법원 2018.08.30 2018고정272
국토의계획및이용에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land shall obtain permission for development from the competent authority.

On June 1, 2017, the Defendant changed the form and quality of land by raising at least four meters at an average of at least 1,835 square meters among the above land without obtaining permission from the competent authority for development of the land in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sung-si, and installed structures by piling a stone shed, the height of which is at least 87 meters, 3.5 meters from 0.5 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A detailed investigation;

1. Application of statutes governing field photographs of illegal acts;

1. Article 140 Subparag. 1 and Article 56 Subparag. 1 of the former National Land Planning and Utilization Act (Amended by Act No. 15727, Aug. 14, 2018); Article 140 Subparag. 1 and Article 56 Subparag. 2 of the former National Land Planning and Utilization Act (Amended by Act No. 15727, Aug. 14, 2018; hereinafter referred to as “former National Land Planning and Utilization Act”); and Article 140 Subparag. 1 and Article 56 Subparag. 2 of the former National Land Planning and Utilization Act (Amended by Act No. 15727, Aug. 14, 2018);

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The act of a political party is a legitimate act, since it was restored to prevent earth and sand from spreading.

2. According to the evidence of the judgment, it can be acknowledged that the Gu office of the party branch did not receive a report that the land C in the area of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the defendant, even

b) There was a risk of collapseing down by soil of land C in Subdivision-gu, Sungnam-si, Sungnam-si.

Even if the defendant does not request the competent authorities to take measures against him/her, if he/she emblings and installs structures, other means or methods than the act.

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