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(영문) 창원지방법원 2020.02.28 2019고단2934
건축법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2018, the Defendant cut up approximately 557 square meters in mountainous districts B, other than preserved mountainous districts, in violation of the National Land Planning and Utilization Act and the Management of Mountainous Districts Act regarding B forest land in Kim Sea-si, without obtaining permission for development activities or permission for mountainous district conversion, and the Defendant continuously cut up approximately 421 square meters in mountainous districts, other than preserved mountainous districts, other than preserved mountainous districts, and performed development activities and conversion of mountainous districts, such as raising gravel, without obtaining permission for development activities or permission for mountainous district conversion on April 2019.

2. On April 2019, the Defendant committed development activities and farmland diversion activities without obtaining permission for the development activities or permission for farmland diversion from the Seocho-si, Kimhae-si, and the E (former), which are farmland outside the area for promoting agricultural community development, and installed a container after placing gravel on about 570 square meters out of the farmland outside the area for promoting agricultural community development.

3. On April 2019, the Defendant, in violation of the Building Act, constructed a 25mm2 among the forest land in Kimhae-si without filing a report with the competent Kimhae-si Mayor on April 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation book, photographer, protocol of illegal conversion, forest land cadastre, land cadastre, location map, and aerial photography statutes;

1. Article 140 subparagraph 1 of the relevant provisions of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning criminal facts; Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act; Articles 57 (2) and 34 (1) of the Farmland Act; Article 111 subparagraph 1 of the Building Act and Articles 14 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for each of the remaining crimes except for a violation of the Building Act regarding option of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 62(1) and 62(2) of the Criminal Act of the suspended execution

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