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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Where anyone intends to change the form and quality of land by means of construction of dry products, installation of structures, cutting, banking, etc., he/she shall obtain permission for development from the competent authority.
1. From November 5, 2018 to the 20th day of the same month, the Defendant cut approximately KRW 2.4m of stone from the land located in the production management area and the Gyeong-dong, Gyeong-dong, Chungcheongnam-gun, a natural settlement district, by using excavation cutting machines in the land located in the production management area and the Gyeong-dong, Gyeong-dong, Gyeong-gun, which is a natural settlement district, and installed a structure, and changed the form and quality of land equivalent to approximately KRW 184.8m of a structure at a height of approximately 1m, which is a structure.
2. The Defendant cut approximately approximately KRW 2.6m of 2.6m from the land located in Gyeong-dong, Gyeong-dong, Chungcheongnam-gun, a production management area without obtaining permission from the competent authorities on the date and time stated in the above paragraph (1), and then installed a structure and changed the form and quality of land equivalent to approximately KRW 1m height on that part, by piling up a stone shed equivalent to approximately KRW 248.8m2, which is a structure, and laying up a stone shed on that part.
3. The Defendant cut approximately KRW 2.6 m2 from the land located in Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-gun, a production management area, without obtaining permission from the competent authority on the date and time stated in the foregoing paragraph (1), and changed the form and quality of land equivalent to KRW 2,320m2.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness E and F;
1. Each police statement of E;
1. On-site drone photographs, satellite photographs, maps and field photographs, field photographs, and survey results maps, standard pumsem, data calculating the weight of stone, etc.;
1. Determination as to Defendant’s assertion of each investigation report (as to Nos. 3, 8, 14, 25, 27, 28, 29 of the evidence list)
1. The defendant's assertion on the side of the defendant changed the existing three-story stone shed into the second floor for cultivation, and cut and embling land and piling up stone, which is a structure, but is excluded from permission pursuant to relevant Acts and subordinate statutes.
Defendant.