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(영문) 의정부지방법원 2014.05.27 2014고단457

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates temples in C and D at the time of the government, which is a development restriction zone and natural park zone.

No building or alteration of the form and quality of land shall be made within a development restriction zone and natural park zone without obtaining permission from each relevant administrative agency.

From around December 30, 2011 to December 30, 2013, the Defendant constructed a building for inspection purposes, such as the list of offenses, and changed the form and quality of the land.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the City Viewing by the Government and a sponsing letter);

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Punishment ( point of unauthorized construction and change of form and quality), proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 82 (2), Article 23 (1) 1 and 3 ( point of unauthorized construction and change of form and quality) of the Natural Parks Act,

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s act of causing damage to the environment in a national park by changing the form and quality of a building without permission by neglecting the public official’s proposal in charge in the process of construction.

Although there is a need to punish the defendant in light of the fact that the unauthorized change of form and quality or the illegally constructed area is not a large size, and the circumstances leading up to the crime are not poor, it is considered that the defendant led to the crime in this case, and there is no criminal power of the same kind, that the defendant has no criminal power of the suspension of execution or heavier punishment, and that the defendant is deemed to have restored to the original state, and that the health of the defendant is not good.