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(영문) 수원지방법원 2014.11.26 2014고단1400
개발제한구역의지정및관리에관한특별조치법위반
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who embling on the E, F, G, H, I, and J paddy field located in the development restriction zone, and Defendant B is an owner of H 1,230 square meters in the emulation City. Defendant C is a de facto cultivator, who is a lessee of 1,296 square meters in the emulation City and 3,664 square meters in the J.

No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up articles, etc. shall be performed within a development-restricted area without obtaining permission from the competent authorities.

1. The Defendants A and B conspired with each other to obtain permission from the competent authority on July 24, 2013 to change the form and quality of the land, without obtaining permission from the competent authority on the part of the Defendants, and Defendant B requested the Defendant A to fill the earth through her husband K. Defendant A filled the area of 498 square meters in height of 1.25 square meters, which is part of the H in the T in the lue City, and changed the form and quality of the land without permission

2. The Defendants A and C conspired with each other to obtain permission from the competent authority around July 2013 to change the form and quality of the land without obtaining permission from the Defendants’ competent authority. Defendant C requested Defendant A to embling work, and Defendant A filled up the size of 4,960 square meters in height of 90 cubic meters in the total size of 1, J, and J, and changed the form and quality of the land without permission.

3. On July 24, 2013, the Defendant changed the form and quality of the above land without permission by raising the size of 1,951 square meters in height of 1.25 meters, which is part of E, F, and G, in Sung-si, E, F, and G.

Summary of Evidence

1. Defendant C’s legal statement

1. A copy of each police's interrogation protocol and statement protocol against Defendant A (defendant A and C)

1. Each police statement of L/M;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (the area of violation on land owned by a suspect B);

1. Defendants of relevant criminal facts: Subparagraph 1 of Article 32, proviso of Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, Article 30 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order.

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