beta
(영문) 울산지방법원 2019.01.17 2018고정1004

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods or perform an urban/Gun planning project within a development restriction zone.

Nevertheless, around March 2017, the Defendant committed an act changing the form and quality of land, such as digging up and piling up soil from the area of 81m2 in Ulsan-gun, Ulsan-gun and C, a development-restricted zone, in a size of 811m2.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Application of aerial photography statutes;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

1. Although there is a circumstance that the defendant committed an offense for the reason of sentencing under Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order, it cannot be deemed that the act of arbitrarily installing a grave in a development-restricted zone is justifiable on the ground that it is not so, and the defendant has a different criminal record, and it is not determined that there is no plan to restore the grave that the defendant raised within the development-restricted zone to its original state, and there is no reason to increase or reduce the fine of the summary order.