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(영문) 의정부지방법원 2017.08.10 2017고정1120
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone shall obtain permission for development activities from the competent authority to construct buildings, change the form and quality of land, etc.

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 2016, performed development activities by removing the existing concrete packaging on approximately 140 square meters (two meters in width, and 70 meters in length) among the 327 square meters portion of roads located in Gyeonggi-gun B, Gyeonggi-do without obtaining permission for development activities from the competent authority on July 2016, installed a boundary stone, and embling the gravel, and changing the form and quality of the land.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, a field photograph, a land register, a certified copy of cadastral map, a confirmation of land use plan, and an investigation report (verification as to whether it constitutes a minor act under Article 53 of the Enforcement Decree of the Act on the Planning and Use of National Land);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the facts that the defendant recognized the criminal facts of this case and against his mistake, and that the restoration to the original state would have been achieved are recognized as a normal circumstance favorable to the defendant.

However, in light of the content and method of the crime, legislative intent of the National Land Planning and Utilization Act, etc., the crime of this case where the defendant committed an act changing the form and quality of land without obtaining permission from the competent authority, which has the record of having been punished several times due to the crime of this kind, the balance of general punishment in the same and similar cases, and other factors, such as the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, etc.

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