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(영문) 창원지방법원 통영지원 2018.02.12 2017고단1846
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Anyone who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, without obtaining permission from the competent authority on August 2017, the Defendant cut the height of about 7 meters by using a cream for the purpose of creating a glamping site in approximately 7,725 square meters of 8 lots outside Dong-si, Si, 2017, and cut off the height of 7 meters, and made a flat work on land.

Accordingly, the defendant was engaged in development activities without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and C statement;

1. Location map and on-site photographs;

1. An order to reinstate, based on a report on a plan for processing illegal development activities, a submission of opinions on illegal development activities, and an order to reinstate following illegal development activities;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is to expand the area of land where the Defendant changed its form and quality without permission, and not restored to its original state until now, and the fact that soil outflow after changing the Defendant’s form and quality seems to have affected neighboring land, and other factors of sentencing as prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, health status, sex behavior, environment, motive and circumstance of the crime, circumstance after the crime, etc., shall be comprehensively taken into account, and the sentence is determined as ordered

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