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(영문) 수원지방법원 성남지원 2018.11.30 2018고단1852
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to development restriction without obtaining permission from the competent authority or in violation of details of permission.

Nevertheless, on October 20, 2017, the Defendant cut down the bamboo trees of 5,294 square meters out of the above land to sell the high price of the land in the Gyeonggi-si land.

Accordingly, the Defendant cut down bamboo and trees without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, an investigation report on illegal acts, and a map of destroyed and damaged areas;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of confirmation documents);

1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts, and Selection of Fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake, appears to have already been completed, but the size of the felling area is very wide, etc. shall be determined as ordered by taking into account all the sentencing conditions indicated in the record.

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