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(영문) 수원지방법원 성남지원 2016.06.22 2015고단356
개발제한구역의지정및관리에관한특별조치법위반등
Text

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

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

Reasons

Punishment of the crime

1. On February 2012, the Defendant violated the Act on the Special Measures for the Determination and Management of Areas subject to Development Restriction without obtaining permission from the competent authority on the end of February 2012, the Defendant failed to comply with an order to take corrective measures, even though he/she was issued on March 20, 2012, to order the restoration of the original state from the Gwangju City Mayor to April 19, 2012 due to the fact that he/she opened a forest road of approximately 1,250 square meters in total area on three parcels of forests, such as Gwangju-si, Do, E, and F, which are forest areas subject to development restriction, and cut down approximately 2-30 square meters of bamboo and trees.

2. Violation of the Act on Special Measures for the Designation and Management of Restricted Areas for Development, and Water Supply and Waterworks Installation Act;

A. On February 2012, the Defendant, without obtaining permission from the competent authority, installed a rest facility equivalent to a total area of 40 square meters in Gwangju City, which is a water source protection area for the interests of development restriction zones.

B. On July 2013, the Defendant installed a resting facility with a total area of 30 square meters in Gwangju City, which is a water source protection area for the interest of development restriction zones, without obtaining permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Official text of the order of restoration to the original state and official text of the order of restoration to the original state;

1. Application of accusation, on-site photographing statutes;

1. Article 32 Subparag. 2 and Article 30 Subparag. 1 (a) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of the relevant Act concerning criminal facts; Article 32 Subparag. 1 and the proviso to Article 12(1) (a) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (a point of installation of an unauthorized structure) of the former Water Supply and Waterworks Installation Act (Amended by Act No. 11862, Jun. 4, 2013); Articles 83(1) and 7(4)1 (a) of the former Water Supply and Waterworks Installation Act (Amended by Act No. 11862, Jun. 4, 2013)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment (the restoration to the original state, the defendant's age, sex behavior, environment, and motive for committing the instant crime, including the motive for committing the instant crime, shall be comprehensively considered) and the conditions of sentencing specified in the arguments and records;

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

1. The Criminal Act to attract a workhouse;

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