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(영문) 수원지방법원 성남지원 2017.06.21 2017고정585

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

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 zone subject to development restriction shall obtain permission from the competent authority.

Nevertheless, from September 30, 2016 to October 2, 2016, the Defendant cut down bamboo and trees with a 4,945 square meters in return, without obtaining permission from the competent administrative agency, in order to set up a farmer in the Hanam-si B, a development restriction zone, from around September 30, 2016 to October 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Accusation against illegal acts within a development restriction zone;

1. A land register and a certificate of land use plan;

1. Application of Acts and subordinate statutes to investigation reports on offenses, photographs of port side, and photographs of present status;

1. Subparagraph 1 of Article 32 and the proviso to 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 (the amount of fine for a summary order shall be reduced in consideration of the completion of restoration from the original state);

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;