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(영문) 수원지방법원 2017.06.13 2017고단1849
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities from a Special Metropolitan City Mayor, Metropolitan Autonomous City Mayor,

Nevertheless, on December 2, 2016, the Defendant changed the form and quality of land by piling up approximately 2,50 tons of residual soil that occurred at the construction site of the distribution center near the port without obtaining permission from the Incheon Metropolitan City Mayor in light of approximately 6,795 square meters, such as the wife B, Young-si, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 56 (1) of the same Act concerning facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime; (c) means and method of the crime; and (d) the circumstances after the crime, etc., the sentence is to be imposed as ordered.

[ favorable circumstances] The Defendant, who led to the confession of the instant crime, recognized his mistake while committing the instant crime, and the Defendant did not seem to have led to the instant crime in bad faith, and the Defendant acquired permission for development from the permissible market after the instant crime.

It appears that there is no particular criminal punishment except that the defendant was sentenced twice to a fine due to a violation of the Road Traffic Act (drinking driving).

(1) [Unfavorable Circumstances] The instant crime is a matter of changing the form and quality of land by stockpiling approximately 2,50 tons of residual soil generated at the construction site of a new logistics center by the Defendant without obtaining permission for development activities from the KUU market, and its nature is not less than that of the crime, and the size and degree of the changed land form and quality are considerable.

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