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(영문) 의정부지방법원 2016.02.01 2015고단3271
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A A shall be punished by a fine of eight million won, and Defendant B shall be punished by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is an owner of forest land of 3,931 square meters within the development restriction zone in Namyang-si, Namyang-si.

In order to change the form and quality of land in a development-restricted zone, the Mayor, etc. shall obtain permission.

Nevertheless, on February 2, 2015 or around February 3, 2015, Defendant B permitted Defendant A to create and use the above forest as dry field. Defendant A made the above forest land into a forest road and dry field using the digging field without obtaining permission from the Namyang market on February 5, 2015.

As a result, the Defendants conspired to change the form and quality of the above forest without obtaining the permission of the Namyang City market.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of F in the suspect interrogation protocol (two times) concerning the defendant A by the prosecution;

1. A protocol concerning the examination of each police officer in relation to G;

1. A statement of a person in charge;

1. A written accusation;

1. Investigation report (the monetary report with the suspect A);

1. A statement of investigation of offenses;

1. Land registers, certificates of all matters to be registered, and application of land use plans statutes;

1. The Defendants: Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 30 of the Criminal Act; and the selection of fines, respectively.

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A again committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of four months for a violation of the Special Act on the Control and Control of Areas subject to Development Restriction at the Jung-gu District Court on November 12, 2013 and was sentenced to a suspended sentence of two years for violation of the Act on the Measures for the Designation and Management of Areas subject to Development Restriction, and without being aware of the suspension period; the area of the forest where the form and quality change was made is considerably wide; and the Defendant appears to have weak compliance awareness, such as having the history of being subject to criminal punishment for a large number of crimes other than

(b).

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