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(영문) 서울북부지방법원 2016.01.21 2015고정2548

개발제한구역의지정및관리에관한특별조치법위반등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 18, 2015, without obtaining permission from the competent authority, the Defendant cut the land of 877 square meters in Seongbuk-gu Seoul, which is a mountainous district for interest forestry in the development restriction zone, and laid down land of 38 square meters in Seongbuk-gu, Seoul and changed the form and quality of land and diverted land.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. The application of each accusation book, investigation report on illegal acts, on-site control photographs, report on the situation of expenses incurred in restoring a site prior to illegal mountainous district, location map, and on-site photograph statutes;

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for the Determination and Management of Areas subject to Restriction on the Selective Development of Punishment for Criminal Facts; Articles 53 Subparag. 1 and 14(1) of the Mountainous Districts Management Act (Selection of Each fine);

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;