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(영문) 창원지방법원 2020.01.15 2019고정34
국토의계획및이용에관한법률위반
Text

[Defendant A] The Defendant is not guilty (Defendant B). The Defendant is punished by a fine of KRW 1,500,000.

Defendant. A fine.

Reasons

[Defendant B] A person who intends to change the form and quality of land in which the crime was committed shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor,

Nevertheless, the Defendant conspired with C to commit the same offense from January 2018, 2018.

5. Until the Middle Seaman, he/she filled up approximately 1.5 to 2.2 meters high in height with respect to Da, E, F, and G in Kimhae-si without obtaining permission from the Kimhae-si market.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Accusation and notification of offenses in urban areas;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same Act concerning criminal facts, Article 30 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. According to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence as ordered shall be determined.

F. Unfavorable circumstances: The favorable circumstances such as the substantial wide area of the land that has changed the form and quality without permission are divided and reflected by the defendant; there is no benefit that the defendant acquired on his own through the crime of this case; and the first crime, etc. [Defendant A]

1. A person who intends to change the form and quality of the land charged in this case shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Govern

Nevertheless, the defendant, in collusion with C and B, has been engaged in the same year from January 2018.

5. From the mid-to mid-2m of height 1.5 to 2.2m of each of the instant lands (hereinafter referred to as “each of the instant lands”) were filled up without obtaining permission from the mayor of the Kimhae-si, Kimhae-si without obtaining permission from the mayor of the Kim Sea.

2. The prosecutor bears the burden of proving the facts charged in the judgment in the criminal trial.

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