beta
(영문) 대구지방법원 2016.04.15 2015고정2851

개발제한구역의지정및관리에관한특별조치법위반

Text

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

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

Reasons

Punishment of the crime

1. On March 4, 2015, the Defendant engaged in cutting and banking operations to install a vinyl in a place without obtaining permission from the competent authority, on forest land of 350 square meters in Daegu North-gu, Daegu-gu, which is a zone subject to the restriction on development, and installed a farming shed of the size of 3 meters wide and 7 meters long from the pipe, board, etc.

As a result, the Defendant committed an act of changing the form and quality of land and installing structures without obtaining permission from the competent authorities in the development restriction zone.

2. On March 5, 2015, the Defendant, who failed to comply with a corrective order, issued from the competent authority to change the form and quality of the Defendant’s residence in Daegu Northern-gu, Daegu-gu, to restore the original form and quality of the Defendant and the installation of structures within the development restriction zone from April 6, 2015, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation, a guidance, and an accusation;

1. Application of Acts and subordinate statutes confirming a land use plan;

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development of the relevant laws and punishment for facts constituting an offense, Article 32 subparagraph 2 of Article 32 of the same Act and Article 32 (1) 1 of the same Act (the point of violation of restrictions on activities), and Article 30 (1) 1 of the same Act (the point of non-compliance with time orders), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;