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(영문) 수원지방법원 성남지원 2016.12.14 2016고단2666

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a development restriction zone shall obtain permission from the competent authority.

1. Defendant A

A. On March 2013, the Defendant changed the form and quality by packaging concrete roads with a size of 540 square meters, without obtaining permission from the competent authority, in G, F, G, H, I, and J of Gyeonggi-si, G, H, I, and J, a development-restricted zone, which is a development-restricted zone.

B. On January 2013, the Defendant changed the form and quality by damaging forest land of 1,200 square meters by removing trees and making a mination work without obtaining permission from the competent authority in Gwangju-si, which is a development restriction zone for Eul-do.

2. On December 2015, Defendant B established a stone shed with a length of 80 meters and height of 3 to 8 meters without obtaining permission from the competent authorities, in the Gyeonggi-si, which is a development restriction zone for the first time police officer.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement to K;

1. A complaint or accusation filed against an illegal act in a development restriction zone;

1. Application of Acts and subordinate statutes to photographs of current status;

1. Selection of a fine, under subparagraph 1 of Article 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting an offense;

1. Aggravation of concurrent crimes (Defendant 1) Articles 37 (former part), 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. Whether the sentencing of Article 334(1) of the Criminal Procedure Act for each of the provisional payment orders is to be restored to original state (Defendant B’s original restoration), form and quality alteration, and circumstances leading to the instant act, etc.