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(영문) 대전지방법원 홍성지원 2020.01.21 2019고정123
국토의계획및이용에관한법률위반
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Anyone who intends to engage in development activities, such as changing the form and quality of land and gathering soil and rocks, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City

Nevertheless, from November 26, 2018 to December 25, 2012 of the same year, the Defendant cut the land into approximately 5.18 meters and cut to approximately 5.29 meters and changed the form and quality of the land by cutting the soil from around 2,398 cubic meters to around 2,405 square meters of the Chungcheong budget group B, C, D, E, F, and G land without obtaining permission for development activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, L, M, and N;

1. A written statement of theO;

1. Basic matters concerning the current status of damaged land, old map, end road, and cross-section road;

1. Application of the Acts and subordinate statutes to current status photographs and satellite guidance confirmation personnel;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 2 and 3 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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

1. The punishment shall be determined by comprehensively taking into account the area of land, the form and quality of soil collected, the amount of soil and stones collected without permission for sentencing under Article 334(1) of the Criminal Procedure Act, the background leading to the crime and circumstances after the crime, the fact that damage has occurred to neighboring residents due to the crime, and other various factors of sentencing, such as the age, occupation, criminal record and the environment

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