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(영문) 의정부지방법원 2013.07.04 2013고단1040
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where he/she engages in development activities or alters matters permitted for development activities in a planned control area under the National Land Planning and Utilization Act in violation of the National Land Planning and Utilization Act, he/she shall obtain permission from the competent authority;

On July 2012, the Defendant did not obtain permission from the competent authority, and (1) laid down 5,713 square meters of land among two parcels of Pocheon-si, Si, D Miscellaneous land, a planned control area, at a height of 5 meters, and changed the form and quality of land. (2) On July 3, 201, the Defendant installed a reinforced soil retaining wall with a height of 5 meters at a height of 162 square meters among 162 square meters of land among 162 square meters of Ma, Si, F,

B. Although the Defendant obtained permission to install a retaining wall with a height of 5 meters from the competent authority on the 11,385 square meters of H forest land, which is a planned control area, the Defendant installed a retaining wall with a height of 10 meters without obtaining permission from the competent authority.

2. Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission to divert farmland from the competent authorities;

Nevertheless, the Defendant did not obtain permission from the competent authorities for diversion of farmland at the time and place specified in paragraph 1(1)(2) and installed a reinforced soil retaining wall as specified in paragraph 1(a)(2) and diverted farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Photographs;

1. Land use plan;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 140 Subparag. 1, Article 56(1)2 of the National Land Planning and Utilization Act (the act of developing acts without obtaining permission) on criminal facts under Articles 140 Subparag. 1, 56(2) and 56(2) of the same Act (the act of developing acts without obtaining permission for alteration)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of the National Land Planning and Utilization Act and the Farmland Act due to development activities for which permission has not been granted);

1. Selection of each sentence of imprisonment with labor;

1. Aggravation for concurrent crimes;

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