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(영문) 광주지방법원 2016.07.14 2016고정814

개발제한구역의지정및관리에관한특별조치법위반등

Text

The defendant shall be punished by a fine of KRW 3,000,000 (three million), but if the above fine is not paid, KRW 100,000 (one million) shall be the day.

Reasons

Punishment of the crime

No one shall change the form and quality of land in a zone subject to development restriction, and a person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Forestry and Food Affairs.

Nevertheless, on August 2015, the Defendant, without obtaining permission from the Minister of Agriculture and Forestry with regard to the food industry and livestock industry, put a concrete package on the 1,867 square meters among the 2,462 square meters in Nam-gu, Nam-gu, Gwangju, and changed the form and quality of land in the development-restricted area.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol with respect to C or D by the police;

1. Application of Acts and subordinate statutes to a copy of an on-site control photograph, accusation, entire certificate of registered matters, source for confirmation of a land use plan, land register, or original order for restoration to illegal groundwater facilities (number Nos. 2, 4, 5, 6, 13, 15, 16, 25 of the evidence list);

1. Article 57 (2) and Article 34 (1) of the Farmland Act concerning facts constituting an offense; Article 32 subparagraph 1 of the Act on Special Measures for the Designation and Management of Areas Restricted from Development; Articles 32 (1) and 12 (1) of the Act on Special Measures for the Designation and Management of Areas Restricted from Development;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. It is reasonable that the amount of fine specified in the summary order of the instant case is imposed in light of the background and result of the instant case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the restoration to the original state of the crime, the equity with similar cases, etc.

subsection (b) of this section.

It is so decided as per Disposition for the above reasons.