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(영문) 춘천지방법원 원주지원 2013.09.26 2013고정295
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who owns 1,319 square meters prior to the Gangseo-gun C and is engaged in agriculture.

1. On November 1, 201, the Defendant changed the form and quality of the land by cutting off approximately 57 square meters in length and 17.5 meters in height and 4 meters from a cream, which are planned control areas prescribed by the National Land Planning and Utilization Act, without obtaining permission for changing the form and quality of land from the head of a chill, with regard to the above land at the end of November 201.

2. On September 14, 2012, the head of Si/Gun ordered the Defendant to restore the foregoing paragraph 1. to its original state by October 14, 2012.

After receiving the foregoing order, the Defendant postponed the implementation by November 30, 2012, and did not comply with the said order without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of Part IV to investigation reports (in-house change of form and quality), documents attached thereto, and field photographs;

1. Article 140 Subparag. 1, Article 56(1)2 of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201); Articles 142 and 133(1)5 of the National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the issue of Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that since the defendant changed the form and quality of land for farming, it is not subject to permission for changing the form and quality of land.

The review stand, the term "the change of the form and quality of land for farming" means farmland, such as farmland cultivation activities in farmland for which creation has already been completed or simple guest soil or small-scale suspension activities for the enhancement of farmland productivity.

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