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(영문) 대구지방법원 서부지원 2019.08.22 2017고정1008
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to change matters permitted for development activities of land shall obtain permission for change from the head of the competent Gun.

Nevertheless, on June 2017, the Defendant, without permission to change development activities, installed structures by using equipment, such as scrails, etc., on the Gyeong-gun B and C 110 square meters of Gyeong-gun, which is a planned control area, unlike the contents of the development activities, such as 70 meters of length and 2.5 meters of height, unlike the contents of the development activities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation sheet and accompanying business trips, together with documents related to development activities and approval for factory start-up plans, photographs, sites of site, and survey maps of actual conditions;

1. Article 140 Subparag. 1 of the National Land Planning and Utilization Act and Articles 140 and 56(2) of the same Act concerning criminal facts, the selection of fines;

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has several records of punishment for the same crime.

However, according to the facts that the defendant is against the defendant, not new tin axiss, but has repaired and expanded the existing tin axiss, and the degree of violation of the law is not serious, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the arguments and records of this case, such as the circumstances after the crime, shall be determined as ordered.

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