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(영문) 춘천지방법원 2018.10.17 2018고단183
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who engages in development activities, such as changing the form and quality of land, without permission for development activities, to cancel permission, authorization, etc., suspend construction works, reconstruct or relocate structures, etc., take other necessary dispositions, or to take measures, such as reinstatement, under the National Land Planning and Utilization Act, and a person in receipt of such order shall comply therewith

Nevertheless, the Defendant, without obtaining permission for development from the number of Hongcheon-gun from March 18, 2016 to May 30 of the same year, did not comply with an order to reinstate land from the number of Hongcheon-gun, Hongcheon-gun to change the form and quality of land by cutting 3.8m high and 6.5m high, even though he/she received an order to reinstate land from the number of Hongcheon-gun, Hongcheon-gun, around August 22, 2016 to the end of September 30, 2016.

Accordingly, the defendant violated the order to restore the original state to the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. Written accusation of the number of Hongcheon-gun;

1. Voluntary statement of public officials in charge of accusation;

1. Application of Acts and subordinate statutes to an on-site safety inspection report following a civil petitioner's safety report, a letter of official order to restore illegal development activities to their original state (1, 2, 3, 4, and 5), a location map and a photograph, a site map and a photograph, an investigation report (a related transfer document, etc.);

1. The determination of the defendant's assertion of the specific criminal facts, Articles 142 and 133 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization, and Articles 142 and 133 of the Criminal Procedure Act, and the defendant's choice of imprisonment is justifiable.

I think, the defendant did not comply with the order to reinstate, and the defendant asked a female public official infinite's name of the Hongcheon-gun Office building system around March 17, 2016, who installed a retaining wall with a length of 15 meters and a highest height of 3 meters, to install it through any procedure. At the time, a female public official under the name of the defendant is the defendant.

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