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(영문) 수원지방법원 2017.04.20 2016고정1350
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or

Nevertheless, on January 2016, the Defendants conspired to obtain permission for development, and made up approximately KRW 570 square meters among the Young-gu, Suwon-si, Suwon-si, the Sinwon-si and approximately KRW 570 square meters among the G forest, embling and mination of the width, and changed the form and quality of the land by creating an access road with a volume of approximately 3 to 4 meters so that vehicles can move.

Summary of Evidence

1. Recording of a witness H's statement in the fourth public trial record;

1. Each police statement made to H and I;

1. Written statements of the J witness;

1. A written accusation;

1. Relevant photographs and on-site photographs;

1. Application of statutes on additional fact-finding data;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 subparagraph 2 of the same Act, Article 30 of the Criminal Act, and the selection of fines for the crime;

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

1. Article 334(1) of the Criminal Procedure Act states that the Defendants’ and defense counsel’ act constitutes a minor act that may not be permitted as stipulated in Article 56(4)3 of the National Land Planning and Utilization Act and Article 53 subparag. 3(a) of the Enforcement Decree of the National Land Planning and Utilization Act.

However, in full view of the evidence adopted and examined by this court, the Defendants can sufficiently recognize the fact that the form and quality of the land are changed by raising the forest as stated in the facts constituting the crime in excess of 50 cm or 50 cm in depth.

Therefore, the Defendants and defense counsel’s above assertion cannot be accepted.

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