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(영문) 창원지방법원 2019.10.24 2019고단2251
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around February 2019, the Defendant changed the form and quality of land by cutting off earth and sand of 0.5-2.0 meters in height, 4 meters in width, 30 meters in length, 0.9-2.0 meters in height, 4 meters in height, and 85 meters in length, and making access roads by cutting off the earth and sand of 0.9-2.0 meters in length, 85 meters in length.

2. The Defendant, in violation of an order to take measures, did not comply with an order to take measures until June 28, 2019, within a given period, even though he/she received directly a public notice of “order to reinstate illegal act in urban area” in the name of the Kim Sea market from the Defendant’s house located in Kim Jong-si, around May 1, 2019, on the fact that he/she changed the form and quality of land without obtaining permission, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Current status map of the relevant violation and field photographs;

1. Corrective order, promotion of implementation, and application of Acts and subordinate statutes;

1. Relevant Article of the National Land Planning and Utilization Act, Articles 140 subparagraph 1 and 56 (1) 2 of the National Land Planning and Utilization Act ( point of changing the form and quality without permission), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act, and selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant again went to commit the instant crime even though he had been sentenced to a fine once for the same kind of crime.

However, it shall be considered that the defendant is aware of and against the crime, that there was no record of punishment exceeding the fine, and that there was a motive, circumstance, scope and degree of changing the form and quality of the land without permission, reason for not performing the restoration of the original state, etc.

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