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(영문) 의정부지방법원 2014.09.04 2014고정1218
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

Defendant may not change the form and quality of land in a development-restricted zone without obtaining permission from the competent authorities;

(a) around June 2013, Namyang-si, Jeonyang-si, not using 658 square meters in rice field or dry field with respect to 1,746 square meters of 1,781 square meters in Nam-si, Namyang-si and 3 preceding C, and changing the form and quality of gravel and soil with a height of 1.2 meters in height and 40 meters in length to use as an access road for embling vehicles, in order to create a weekend farm;

B. Around May 2013, the form and quality of stone was changed for the purpose of using the stone farm as a parking lot upon completion of the weekend farm with respect to D forest land 202 square meters in Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written accusation or request for a corrective order;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 12372, Jan. 28, 2014); Selection of fines for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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