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(영문) 청주지방법원 충주지원 2017.04.25 2016고단386
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

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

The Defendant, without obtaining permission from the number of voice-guns, changed the form and quality of each of the above land in a manner of piling up a 3,646 square meters in total among the 427 square meters of forests and fields E, 2,747 square meters of forests and fields E, F 860 square meters of forests, G 2,846 square meters of farmland, and 3,646 square meters of trucks.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by the witness H at the third public trial date;

1. A statement prepared by H;

1. A written accusation;

1. On-site photographs;

1. According to the relevant laws and regulations, the defendant does not request permission for development activities if he/she sets up less than 2 meters in the event of changing the form and quality of land for farming purposes. The defendant asserts that, in the event that he/she has already completed the creation of farmland, he/she has already changed the form and quality of land for farming purposes, 427 square meters in D forest and fields (hereinafter “D land”), E forest 2,747 square meters (hereinafter “E land”), F large 860 square meters (hereinafter “F land”), G2,846 square meters (hereinafter “G land”), part of the 3,646 square meters of land (hereinafter “G land”), part of which are 3,64 square meters of farmland cultivation, farmland cultivation for farming purposes, and farmland productive soil or banking operations to improve productivity and productivity, and there is no evidence to prove that he/she has already changed the form and quality of land for farming purposes. Therefore, the defendant is not required to obtain permission for development activities as above.

Article 56(1)2 of the National Land Planning and Utilization Act (amended by Act No. 13681, Dec. 29, 2015) provides that “the alteration of the form and quality of land for farming, as prescribed by Presidential Decree, shall not be subject to permission for development,” and Enforcement Decree of the same Act.

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