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(영문) 대구지방법원 포항지원 2019.05.22 2018고정330
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

There is no fact that the defendant has obtained permission to change the form of land from the head of Si/Gun/Gu.

On June 20, 2018, the Defendant changed the form and quality of land by raising 2,030 mpump trucks from the 2,036 m2 square meters of paddy-gu, Nam-gu, the natural green belt area, at least 2m high.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Each written statement of C;

1. A written accusation;

1. Application of Acts and subordinate statutes to the investigation report (Submission of an accusation on the spot), survey maps of the current status, site photographs, site photographs, site photographs, investigation reports, investigation reports, investigation reports, and photographs of the actual site;

1. Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 1 and 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was controlled by public officials in the process of raising the ground where farmland owned was flooded frequently, and the original intent of the defendant was not more than 2 meters. The defendant tried to fill up the ground not exceeding 2 meters. The part of the part adjacent to the road temporarily set up a space where dump truck returned to the road was temporarily set up, and there was no intention of the defendant to fill up not less than 2 meters from the beginning.

This fact is ultimately supported by the fact that the defendant, after the water level from the soil, has been set up, he laid up the soil of which the defendant has set up, and then the height of the soil has not been 2 meters.

Therefore, the defendant is not guilty.

2. Determination

A. Under the Ministry of Land, Infrastructure and Transport’s Guidelines for Permission for Development and Operation, “where the installation of a retaining wall is accompanied by 2m or more” is subject to permission for development activities.

This is, however, applicable.

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