beta
(영문) 부산지방법원 동부지원 2017.08.23 2017고단1211

수도법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person shall obtain permission from the competent authority for the construction of buildings, change of the purpose of use, installation of structures, change of form and quality of land, cutting standing timber, etc. within a development-restricted zone and a water source protection zone.

Nevertheless, the Defendant did not obtain permission of the number of the competent captain-guns. From February 2017 to May 2017, the development restriction zone and the forest located in Busan-gun, Busan-gun, which is a water source protection area, the Defendant newly constructed three residential buildings with a size of 65 square meters, 90 square meters, 85 square meters, and one warehouse with a floor area of 10 square meters, with a steel pipe and a board board on the ground of the said forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in C;

1. The application of Acts and subordinate statutes to each accusation book, field photograph, certificate of land use contract, full certificate of registered matters, investigation report (with respect to the area of changed form of punishment), survey report on destroyed areas, and survey of destroyed areas at the scene;

1. Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act, Article 7 (4) of the same Act (unauthorized development activities within a water source protection zone), Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development-Restricted Areas, and Article 12 (1) of the same Act (unauthorized development activities within a development-restricted zone) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances of the sentencing), is that the instant crime committed development activities without permission within the water source protection area and development restriction area, and the criminal liability is not less and less, and that the Defendant did not change the form and quality without permission, or that the area or building area of the Defendant did not small.

However, the fact that the defendant recognizes the facts charged is seriously against the defendant, and the defendant is not subject to two different kinds of fines.