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(영문) 수원지방법원 성남지원 2018.08.24 2018고정723
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, etc. in a zone subject to development restriction shall obtain permission from the head of a Si/Gun/Gu or Gu office.

1. On January 2016, the Defendant cut bamboo and trees without permission from the competent authorities in land located within the development-restricted zone B in Sungnam-si, Sungnam-si.

2. On October 2016, the Defendant, without permission, installed a vinyl house, which is a structure, without permission, in order to keep the farming equipment, etc. in the land located within the development restriction zone in Seongbuk-gu, Sungnam-si, Seoul, without permission of the competent administrative agency.

3. The Defendant, who installed a chickens without permission, installed the chickens, which is a structure, without permission from the competent authorities, on land located in the development-restricted zone B in Seongbuk-gu, Sungnam-si around the early spring of 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. All certificates (B), and land use regulation information services;

1. Application of statutes on field photographs and aviation photographs;

1. Article 32 subparagraph 1 of the Act on Special Measures concerning the Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Punishment, and the proviso to Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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