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(영문) 울산지방법원 2018.09.06 2018고단2225
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, or store articles within a zone subject to development restriction without obtaining permission from the head of a Si/Gun, etc.

On January 2015, the Defendant changed the form and quality of land, such as the opening of access roads, installation of stone embankments, filling-up, miscellaneous land erosion, damage to forests, etc., and cut down bamboo and trees, without permission, in approximately approximately 2,347 square meters of the area of a square meter of Ulsan-gun, Ulsan-gun, and D, which is a development restriction zone, for the creation of B cemetery.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The current status of the installation of accusations, photographs, and access roads;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Acts concerning facts constituting an offense, the selection of fines (defluences, non-electric power, etc.);

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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