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(영문) 창원지방법원 거창지원 2016.10.05 2016고정97
국토의계획및이용에관한법률위반
Text

A fine of KRW 700,00 shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Where any person intends to engage in development activities, such as installing structures prescribed by Presidential Decree without permission, he/she shall obtain permission from the competent authority;

Nevertheless, in February 2016, the Defendant performed development activities by piling up electric rocks on approximately 100 meters in the section of approximately 100 meters without obtaining permission from the competent authorities in the Gyeongnam Development Group B.

2. On May 3, 2016, the Defendant, who did not perform an order to take measures, was obliged to restore from the head of the Gun to the original state until May 13, 2016, the Defendant, at the Defendant’s residence in the Gyeongnam Development-gun C, engaged in development activities without permission, as described in paragraph (1) above.

'' did not comply with the above order without good cause even after receiving the order to the effect.

Summary of Evidence

1. Defendant's legal statement;

1. The head of the relevant Si/Gun/Gu;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing the reinstatement of violations of each development activity;

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 1 of the National Land Planning and Utilization Act (unauthorized development acts), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (a violation of an order to take measures), and the selection of fines for a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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