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(영문) 부산지방법원 2020.10.14 2020고정703
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

The Defendant is the representative of Drick-gu B and C in Busan, and the victim E owns the land B (area 3,442 square meters, hereinafter “instant land”).

1. Anyone who intends to engage in development activities, such as construction of buildings, installation of structures, alteration of the form and quality of land, etc. shall obtain permission from the competent authority, and a person who intends to engage in activities, such as construction of buildings, alteration of the purpose of use, installation of structures, alteration of the form and quality of land in a development restriction zone shall obtain permission from the competent authority, and a person who intends to divert

Around August 2018, the Defendant performed an act of selling a pond of about five meters in diameter in diameter on the instant land located within a development restriction zone without obtaining permission from the head of Geumcheon-gu and the Minister of Agriculture, Food and Rural Affairs.

As a result, the Defendant conducted development activities to change the form and quality of land in development restriction zones without permission from the competent authorities, and simultaneously diverted farmland.

B. Around October 2018, the Defendant, without obtaining permission from the head of Si/Gun/Gu and the Minister of Agriculture, Food and Rural Affairs, relocated a building with a total of 25 square meters of land area on the instant land located within a development-restricted zone.

As a result, the Defendant conducted development activities to build buildings on land in development restriction zones without permission from the competent authorities, and simultaneously diverted farmland.

2. On January 2019, the Defendant driven a F Poter truck, which is a dangerous object, and displayed the front part of the truck, the lower part of which cover the fence, which was installed between the instant land and the land owned by the Defendant, with a lux board attached to the lux truck, and used the fence, which was installed between the instant land and the Defendant’s land.

Accordingly, the defendant carried dangerous articles and caused the utility of the above fence to be the cost of repair in the market.

Summary of Evidence

1. On-site photographs, farmland restoration order notification, notification of the criminal defendant's legal statement G; and

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