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(영문) 서울동부지방법원 2016.04.05 2016고정41
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who owns a parcel of land and forest land 24,850 square meters in Gangdong-gu Seoul Metropolitan Government and five lots of land outside of Gangdong-gu.

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

In addition, the felling of one bamboo shall be subject to permission from the competent Gu office in order to cut the timber of at least 500 m2 or 5 m20 m2.

Nevertheless, the Defendant, without permission from the head of the competent Gu, cut and suspended the area of 15,105 square meters of the entire forest area from July 31, 2010 to August 27, 2015, which is a development restriction zone, in Gangdong-gu Seoul Metropolitan Government D, E, and F Forest, which is a development restriction zone, and cut the form and quality of the forest into at least five cubic meters of the number of trees.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (explosion, location map, and on-site photograph within a development restriction zone);

1. Investigation report (the cost of confirming the land use plan and the issuance of the land register);

1. Application of Acts and subordinate statutes to investigation reports (joint issuance of aviation survey drawings);

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (wholly amended by Act No. 13670, Dec. 29, 2015) concerning facts constituting a crime

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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