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(영문) 창원지방법원 2020.05.08 2019고단3506
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 30, 2019, the Defendant was served with the notice of “measures to correct illegal acts in urban areas” ordering the restoration of the said parts to the residential building of the prefabricated group, the removal and cement packaging of the residential building of the prefabricated group warehouse, and the restoration of the said parts to the original state, which was illegally constructed in D from the jurisdiction Kimhae-si B apartment in Kimhae-si and (C) around September 30, 2019, the Defendant did not comply with the order to take measures to reinstate up until October 24, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, an order to correct illegal acts in an urban area, and an order to correct illegal acts in an urban area;

1. Application of Acts and subordinate statutes governing violations;

1. Article 142 of the relevant Act and Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant illegally constructed the building of this case in around 2014 and the state of illegality has been maintained for a considerable period of time. The defendant, even around 2018, committed a second offense even though he had been punished by a fine of KRW 3 million due to non-compliance with the corrective order on the land in which the building of this case is located. Meanwhile, the defendant is divided and contradictory to the defendant, the defendant completed restoration after the prosecution, and the defendant has no special history of punishment other than the above previous offense, including age, character, environment, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and shall be determined as the sentence as per the disposition, taking into account all the various circumstances, including the following circumstances.

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