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(영문) 대전지방법원 공주지원 2015.12.04 2015고정87
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Any person who intends to install structures shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor

Nevertheless, the Defendant installed a concrete retaining wall of a size of about 42 square meters at the edge of a road located in Gongju-si B around spring in 2013 without permission of the public housing market.

Accordingly, the defendant installed a structure without permission.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. A survey report on violated structures;

1. Application of a location map of the site and statutes on the site;

1. Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (1) 1 of the Act on the Selection of Criminal Crimes;

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

1. The Defendant asserts to the effect that the Defendant was unaware of having committed the instant crime, as to the Defendant’s assertion regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act.

Article 16 of the Criminal Act provides that "the act of misunderstanding that one's act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding." It does not mean a simple legal ground, but it is generally accepted that it does not constitute a crime due to a mistake that it is permitted by Acts and subordinate statutes in the case of a general crime but does not constitute a crime in his special circumstances, and that it shall not be punishable

(see, e.g., Supreme Court Decision 2009Do13868, Apr. 29, 2010). In light of the foregoing legal doctrine, the Defendant’s assertion is without merit, inasmuch as there is no evidence to acknowledge that the Defendant, beyond the mere site of law, did not constitute a crime due to the Defendant’s special circumstances, by recognizing that the Defendant did not constitute an act permitted by law, and there is no justifiable reason

The reason for sentencing is part of the motive for crime.

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