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(영문) 수원지방법원 성남지원 2012.08.10 2012고단531
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall change the form and quality of land in a development-restricted zone without obtaining permission, but the defendant conducted 1,092.75 square meters of the total area among five parcels of Gwangju City B, C, D, E, and F designated as a development-restricted zone on December 2, 201 without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) (proviso) 4 of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting a crime;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a dump truck with soil of 300 to 500 dump trucks so that the direction of flowing water would change by cumping the cump, which is not easy to say, and the defendant does not seem to have any specific intent to reflect the illegal act or restore the original state to the original state after the control of the defendant, and the punishment as ordered by the order shall be determined by taking into account the following circumstances:

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