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(영문) 창원지방법원 2020.01.08 2019고단3102
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four 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

Around August 18, 2017, the Defendant, as an operator of “C” that collects and sells scrap iron in the Kimhae-si B, was issued a notice of the first corrective order for restitution of illegal act in the urban area, and did not implement the order to take measures of the Kimhae-si market within the fixed restoration period, even though the Defendant received from the said C office a notice of the “The first corrective order for restitution of illegal act in the urban area” under the name of the Kimhae-si market to restore to its original state by removing concrete in the area of approximately 3,300 square meters of each land of Kimhae-si D and E without obtaining the permission of the Kim Sea market having jurisdiction over the area of about 30 square meters of the same land.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of accusation or order to correct an illegal act;

1. Application of current status of offenses, and statutes governing field photographs;

1. Relevant Article 142 of the National Land Planning and Utilization Act and Articles 142 and 133 (1) 5 of the Act on the Planning and Utilization of Criminal Records and the Selection of Imprisonment with labor;

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

1. The land that was developed without the permission of this case for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is reasonable, and the period of use and profit-making by the defendant is also short, and the defendant has the record of being punished by a fine for the same kind of crime with respect to the same land even around 2013, and on the other hand, the defendant is divided, and is against the defendant's health, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., including the fact that the defendant's health is not good, and the punishment as ordered, shall be determined by taking into account all the various circumstances that are the conditions of sentencing specified in the

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