beta
(영문) 의정부지방법원 2016.05.24 2016고단1161

개발제한구역의지정및관리에관한특별조치법위반

Text

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

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

Reasons

Punishment of the crime

No construction of buildings, change of the form and quality of land, deforestation of bamboo and trees, partition of land, piling-up of goods, etc. shall be performed in a zone subject to development restriction without obtaining permission from the competent authority.

On December 2, 2015, the Defendant, without permission from the competent authority, laid down earth and sand, which carried in from B, and 1,615 square meters of trucks outside 2, Namyang-si, Namyang-si, without any permission, 1.3 meters high, and changed the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A statement of a person in charge;

1. A report on the results of business trips;

1. A statement of investigation of offenses;

1. A written accusation;

1. A certificate of land use plan;

1. Application of Acts and subordinate statutes governing status photographs;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 of the Act on Special Measures for Criminal Facts;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the change in the form and quality of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act was somewhat wide and has not yet been restored to its original state, considering the following factors: (a) the Defendant’s primary crime, confession, and reflects the Defendant’s age, sex, environment; (b) motive and background leading up to the instant crime; (c) means and consequence leading up to the instant crime; (d) details and means leading up to banking; (e) scale of banking; and (e) circumstances after the instant crime, etc., the punishment as ordered shall be determined by taking into account