logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.08.13 2020고단316
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. No person who violates the National Land Planning and Utilization Act shall construct buildings or install other facilities, or alter the purposes thereof, in violation of restrictions on the use, type, scale, etc. of buildings or other facilities within special-purpose areas or special-purpose districts;

Nevertheless, around January 15, 2019, the Defendant installed aggregate screening and crushing facilities, the location of which is prohibited in the production management area of Kimpo-si B, C, D, E, E, F, G, and G large area of approximately 3,009 square meters, which is a production management area.

2. A person who intends to screen, clean, or crush aggregate in violation of the Aggregate Extraction Act shall prepare a site in excess of the size prescribed by Presidential Decree necessary for the installation, etc. of camping grounds and auxiliary facilities, and shall report such site to the head of the competent Si/Gun/Gu,

Nevertheless, the Defendant selected and crushed aggregate from January 15, 2019 to February 24, 2020 without reporting it to the Kimpo-si Mayor at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written protocol of examination of a part of H by prosecutors;

1. A written statement of reference by the I, a written voluntary statement by the J, and a written statement by a public official in charge;

1. Each investigation report (to submit an accusation, a letter of public notice on the receipt of a report on screening or crushing aggregate, and a letter of public notice on the return thereof) and each accompanying document;

1. Application of Acts and subordinate statutes to each field photograph, a video closure screen at each working site;

1. Article 141 subparag. 4, Article 76 of the National Land Planning and Utilization Act concerning facts constituting an offense, and Article 141 subparag. 7, Article 49 of the Aggregate Extraction Act and Article 32 (1) of the Aggregate Extraction Act (generally, the points of selecting and crushing unreported aggregate), and selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In the event that a report has not been accepted in the grounds-limit area of sentencing under Article 62-2 of the Social Service Order Criminal Act, a person has been indicted for the selection and crushing of aggregate.

arrow