logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.07.16 2015고정500
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. No person who has committed an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, or piling up articles within a development restriction zone;

Nevertheless, the Defendant, without permission from the competent authority from February 2013 to February 28, 2014, stored used machinery in a size of 330 square meters out of the land in Gyeyang-gu, Seoyang-gu, Seoyang-gu, which is a development restriction zone, without permission.

2. Defendant B shall not construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or store goods within a development restriction zone without permission, and no one shall dump wastes in any place, other than the place or facility prepared to collect wastes, but the Defendant, without permission from the competent authority from around March 2008 to March 201, 200 a monthly average of 5 tons of scrap metal and 10 tons of waste per month, in part of the land located within the development restriction zone, from around March 208 to March 2012.

Accordingly, the Defendant, without permission, performed an act of piling up goods on the land which is a development-restricted zone, and throw away wastes at a place other than a place or facility prepared to collect wastes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to the charge book and the police statement of D;

1. Article applicable to criminal facts;

A. Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones A by Defendant

B. Article 32 Subparag. 1 and Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 10599, Apr. 14, 201); Articles 63 and 8(1) of the former Wastes Control Act (Amended by Act No. 11914, Jul. 16, 2013)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Each selective fine for punishment;

arrow