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(영문) 의정부지방법원 2015.12.07 2014고정2675
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, or perform an urban/Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act without obtaining permission from the competent authority in a development-restricted zone of "2014 High-2675".

Nevertheless, from April 13, 2014 to April 20, 2014, the Defendant changed the form and quality of land by raising the aggregate of 710 square meters from around 1.2m to 2.5m high from each of the above land, etc. without obtaining permission from the competent authorities in Nam-si, Nam-si, Seoul, D, E, and F, which is a development restriction zone.

In a development-restricted zone of "2015 High-Scale 218", the construction and alteration of the purpose of use of buildings, installation of structures, alteration of the form and quality of land, cutting of bamboo and trees, partition of land, piling-up of goods, or an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act may not be performed without obtaining permission from the competent authority. Nevertheless, around April 8, 2014, the Defendant changed the form and quality of land by raising an area equivalent to 279 square meters of the said land at a height of 2.5 meters from the said land from April 13, 2014 to May 5, 2014 without obtaining permission from the competent authority. Nevertheless, the Defendant changed the form and quality of the said land to 200 square meters of the said forest, which is a development-restricted zone, from the Southern-si, Nam-si, which is a development-restricted zone.

1. Partial statement of the defendant;

1. A written accusation and an investigation report on each violation;

1. Each site photograph "2015, 218";

1. Partial statement of the defendant;

1. A protocol of suspect examination of the police officer regarding I;

1. A written accusation and an investigation report on offenses;

1. Current status photographs;

1. Application of the Act and subordinate statutes as a result of fact inquiry into the South Yangyang market;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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