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(영문) 광주지방법원 2017.07.21 2017고정922
국토의계획및이용에관한법률위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

A person who engages in development activities, such as changing the form and quality of land, without permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall comply with an

Nevertheless, the Defendant changed the form and quality of land by packing approximately 150 meters in length, approximately 2-6 meters in width, and approximately 1-3 meters in total in steel-based concrete and crushed stone, cutting a height of approximately 1-3 meters, without obtaining permission from the Gwangju metropolitan market on May 18, 2016, around July 22, 2016, and around February 7, 2017, in order to create a waterway on the 16,974 square meters of land in the urban area and preserved green areas, which are urban areas as prescribed by the National Land Planning and Utilization Act. However, the Defendant did not comply with the order to reinstate the land, even though he/she received an order to reinstate the land from the head of Nam-gu Seoul Metropolitan Government on four occasions, including around June 29, 2016, around July 22, 2016, and around February 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Confirmation of a land use plan, investigation report (a document attached to the order of recovery from sources of illegal development activities to the south-gu office), and order to reinstate illegal development activities;

1. Application of statutes on site photographs;

1. Relevant Article of the National Land Planning and Utilization Act and Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

When the defendant restores the land of this case to its original state, the defendant is likely to flow rocks into the land of this case.

I think that the crime of this case was committed.

On the other hand, the defendant.

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