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(영문) 의정부지방법원 2016.12.16 2016노9

개발제한구역의지정및관리에관한특별조치법위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on the first day of January 201, has discontinued the operation of the camping site in this case, and thereafter L has operated the camping site.

Therefore, even though the two weeks received a corrective order from the two weeks to restore it to its original state, a person is L, and the defendant was not aware of the fact that he received the corrective order.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the legal doctrine.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant changed the form and quality of land without permission from the competent authority from January 20, 201 to February 6, 2010; and (ii) the Defendant newly constructed a building for the purpose of the players room on the land in Yangju-si, the development-restricted zone B, etc. without permission from the competent authority; and (iii) without reporting to the competent authority; and (iv) without reporting to the effect that the Defendant was deprived of the loss from the operation of the camping site at the early January 2011, the Defendant asserted that the Defendant directly constructed and operated the camping site for the aforementioned period; and (iv) the Defendant’s assertion to the effect that it was difficult for the Defendant to accept the order without permission, such as new construction of a new concrete facility on October 9, 201, around November 5, 2012, and around July 26, 2013.