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(영문) 청주지방법원 2019.05.15 2018고단3149
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who intends to change the form and quality of land by constructing buildings, installing structures, cutting or filling up land shall obtain permission for development activities from the competent administrative agencies, such as the Special Metropolitan City Mayor.

Nevertheless, the Defendant cut 8,804 square meters out of the previous 9,178 square meters between the competent authorities without obtaining permission for development activities from November 2016 to April 2017, 201, and cut 2,120 square meters out of the previous 2,120 square meters, and cut 950 square meters out of the 950 square meters in the previous 2,120 square meters, and cut 858 square meters out of the 950 square meters in the previous 1,021 square meters in E, cut 746 square meters in the F forest and field, and cut 793 square meters in the 796 square meters in the F forest and field, and changed the form and quality by cutting 13,956 square meters in total, such as cutting 478 square meters in the G 496 square meters in the forest and field.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a written accusation, field photograph, old map and construction plan, business trip report and official document, and review report according to the results of permission for development activities;

1. The indictment under Article 140 subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act regarding criminal facts is written only as “Article 56(1) of the National Land Planning and Utilization Act,” but it appears that the defendant’s defense is not infringed. Thus, the indictment is corrected ex officio.

(Selection of Imprisonment or Imprisonment)

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The Defendant did an act of changing the form and quality of each land specified in the facts charged (hereinafter collectively referred to as “instant land”) by J of the International Co., Ltd. (hereinafter “I”) which entered into a marina gathering contract with the Defendant on the summary of the assertion, and the Defendant did not change the form and quality of the facts charged.

2. According to the records of this case, the defendant and I have concluded a marina gathering contract with regard to the members of the forest of this case, and accordingly cut the forest of this case.

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