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(영문) 부산지방법원 2012.02.15 2011고정5326
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No one shall construct a building, install a structure, change the form and quality of land in a development restriction zone without obtaining permission or in violation of any permission.

Nevertheless, the Defendant, without obtaining permission from the competent authority on May 25, 201, installed a warehouse for the storage of agricultural instruments (6.48 square meters) in Busan Northern-gu, which is a prefabricated-type panel on the ground of Busan Northern-gu, which is located within a development restriction zone, and installed a 18 square meters-scale resting facility by installing a steel pipe pole, covering the bring-type pole, and installing a 18 square meters-scale resting facility.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of investigation reports (verification reports on development-restricted areas) Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12(1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around May 25, 2011, the Defendant, without obtaining permission from the competent authority, changed the form and quality of the charge by creating a site of 184 square meters out of 714 square meters in the Busan Northern-gu, Northern-gu, Busan, which is located within a development restriction zone.

2. The alteration of the form and quality of land as prescribed by the Act on Special Measures for Designation and Management of Development Restriction Zones means the alteration of the form and quality of land by cutting, filling-up, or cutting of land, filling-up, etc. and reclamation of public waters, and the alteration of the shape and form of land is required to be in a state which makes it difficult

(Supreme Court Decision 2004Do8436 Decided November 25, 2005). However, according to the records of this case, the defendant merely removed the ground existing in the land of this case and cut, filled, or suspended the land of this case and changed the form of the land. In addition, the defendant's above mentioned above.

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