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(영문) 부산지방법원 동부지원 2016.11.30 2016고정341
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

On April 20, 2015, without obtaining permission from the competent authority, the Defendant changed the form and quality of land by using the digging hole at a size of at least 50 cm with a height of at least 50 cm with a height of at least 156 m2 in Busan Shipping Daegu, and E forest land, which is a development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development for facts of the relevant offense;

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

1. The portion not guilty under Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. On April 20, 2015, the Defendant, without obtaining permission from the competent authority, changed the form and quality of the land by using the excavating machine at a height of at least 50 cm with a height of at least 146 m3 meters, which is a development-restricted zone, Busan Shipping Daegu C, Busan, which is a development-restricted zone.

2. Determination

A. The Defendant’s assertion that the Defendant’s side did not cut the earth and sand he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he s, and he does not cut the earth.

B. (1) Review (1) According to subparagraph 1 (a) of attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones, a dry field or dry field is conducted for farming purposes without permission or reporting.

(2) According to the evidence examined by the court, in a case where a public official in charge of the instant accusation cuts the ground in the instant answer C, the public official either confirmed the cutting of the ground and stated that the depth was not measured, regardless of the depth of the cutting of the ground, under the premise that the aforementioned Act goes against the above Act and subordinate statutes (the fifth page of the record of the examination of the witness), there is no other evidence to confirm that the depth of the cutting

(3) In addition, C’s area is 271m2, and the facts charged are as follows.

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