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(영문) 창원지방법원 마산지원 2015.11.20 2015고정612
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a development restriction zone shall obtain permission from the competent authority.

Nevertheless, the Defendant, as the president of the C branch conference, installed 240 square meters of forest land in the 1,000 square meters of forests and fields, and installed 1,000 square meters of forest land in the c branch conference, as the president of the C branch conference from August 6, 2015 to August 12, 2015, the Defendant changed the form and quality of land without permission, such as installing approximately 150 square meters of land access roads and approximately 9 square meters of storage structures (container structures).

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against the violator of special measures for designation and management of development restriction zones;

1. Application of Acts and subordinate statutes to report on investigation (to hear the suspect's opinions on matters related to written objections);

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts constituting an offense;

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

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

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