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(영문) 청주지방법원 영동지원 2013.12.12 2013고단174
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City

Nevertheless, on August 14, 2013, the Defendant did not obtain the foregoing permission, and changed the form and quality at his own discretion by arbitrarily doing cutting and embling work, such as cutting and embling of 13,577 square meters in the area of 13,577 square meters in grassland (ranch site) owned by the Defendant in Chungcheong-gun C, Chungcheongnam-do.

2. In order to divert grassland created pursuant to the Grassland Act to land for cultivating crops, a report thereon shall be filed by the head of a Si/Gun/Gu.

Nevertheless, without receiving the above report, the Defendant arbitrarily diverted grassland as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Land cadastre and each land drawing;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) 2 of the National Land Planning and Utilization Act, Articles 30 and 23 (3) of the Grassland Act, the selection of imprisonment with prison labor for an offense;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the fact that the defendant is the first offender, the confession of the fact of the crime, and the reflection of his mistake) or more of the Criminal Act;

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