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(영문) 수원지방법원 2018.03.15 2017고정3282
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000, respectively.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land shall obtain permission for development from the competent authority.

In collusion, the Defendants, in December 2016, did not obtain permission for development from the Hosung market. The Defendants changed the form and quality of land by opening a access road to a nearby site by embling the size of 160 square meters out of the total area of 1,825 square meters, the total area of 1,825 square meters, the size of 780 square meters out of the total area of 1,825 square meters, the total area of 1,825 square meters in Sungsung-si, and the total area of 896 square meters in

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. A report on investigation (Attachment of on-site photographs);

1. Photographs (135 pages of evidence);

1. Application of Acts and subordinate statutes of guidance notice (144 pages of evidence record);

1. Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: correct the clerical error in the indictment as “Article 140(1)” in Article 140 subparag. 1 of the National Land Planning and Utilization Act;

Article 56(1)2 of the Criminal Act, Article 30 of the Criminal Act (Selection of penalty)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The Defendants asserted that the determination on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act does not change the form and quality of the land, but the Defendants asserted that the temporary removal of recycled aggregate for the purpose of entering the vehicle for the wintering construction is not true.

The change of the form and quality of land means the act of changing the form and quality of land by cutting, filling, cutting, or paving, etc., and the reclamation of public waters is required to de facto change the form and quality of land into an outer form and to be in a situation where reinstatement is difficult due to such change (see Supreme Court Decision 2012Du300, Jun. 13, 2013). According to the evidence, the Defendants changed the appearance of the surface of the earth for the purpose of having access to the land formed by earth and sand, and Defendant B restored the original state by January 20, 2017.

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