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(영문) 수원지방법원 2013.11.13 2013고정2526

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a cultivator who leases a 3,917 square meters of paddy field B in Sungsung-si and sets up a farm house.

1. No land B in harmony with a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones shall be changed to the form and quality of land in violation of the purpose of designation as an area designated as a development restriction zone by the Minister

Nevertheless, from April 8, 2013 to April 19, 2013, the Defendant performed an act of changing the form and quality of land without obtaining permission by raising 3,150 square meters of the above land into tideland soil without obtaining permission for changing the form and quality of the above land.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities where changing the form and quality of land in natural green areas;

Nevertheless, without permission, the Defendant, from April 8, 2013 to April 19, 2013, filled up 3,150 square meters of the above land on the land indicated in paragraph (1) and performed development activities without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. Application of Acts and subordinate statutes to the written accusation, written statement, satellite photograph, field photograph, certified copy of the register, land cadastre, written confirmation of land utilization plan, and investigation report (report on hearing of statements from persons in charge of viewing and viewing

1. Subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting a crime, the proviso to Article 12 (1) 4 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (a violation of a restriction on activities within a development restriction zone), subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the

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

1. Selection of an alternative fine for punishment;

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 of the provisional payment order is that the defendant restored the land of this case to its original state, and there was no record of punishment for the same kind of crime, and the defendant committed the crime of this case.