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(영문) 울산지방법원 2017.11.24 2017고정964

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 7, 2016, the Defendant purchased the Ulsan-gun B from C, a land within the development restriction zone.

No one shall 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 within a zone subject to development restriction.

However, it is necessary to obtain permission from the head of the competent Si/Gun/Gu to conduct any of such acts.

Nevertheless, the defendant did not obtain permission to create a garden on the above land, raising a height of 5 to 10 meters on the above 700 square meters (including surrounding road sites, etc.) and changing the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes on site photographs and investigation reporting;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;