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(영문) 광주지방법원 2018.09.06 2018고단2503
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is the representative of the clan C, and the defendant is the general duties of the clan.

No zone subject to development restriction shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, etc. without permission from the competent authority.

Nevertheless, the Defendant conspired with B on April 20, 2017, from around May 30, 2017 to around May 30, 2017, cut trees planted in Gwangju Mine-gu D development restriction zone (a approximately KRW 7,120 square meters) without obtaining permission from the competent administrative agency, and installed additional facilities for the graves of the said clan and improved the road.

Accordingly, in collusion with B, the Defendant changed the form and quality of land in the development restriction zone and cut down bamboo and trees.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. A review report, and an investigation report on each illegal act, and an on-site photo;

1. Certificate of identification number;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment concerning Criminal Facts, Article 30 of the Criminal Act, and the choice of fines;

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

1. Consideration, such as the confession and reflect of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; the purpose and circumstances leading to the crime; the fact that the president of the said clan participated in the crime according to the direction of B and the purport of members of the said clan; efforts to restore the original state; and the fact that there was no criminal record exceeding the same kind of criminal record or fine;

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