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(영문) 의정부지방법원 2018.05.31 2018고정109
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction shall construct buildings, change the use thereof, install structures, form and quality of land, etc. in an area subject to development restriction without permission from the head of a Si/Gun/Gu;

Nevertheless, on December 2, 2016, the Defendant laid down earth and sand at a height of 0.3 meters at a height of 1,200 square meters in the area of land (a branch river, railroad, ditch) other than B, Nam-si, which is designated as a development restriction zone for the Seocho-si, which was located in the Seocho-si development restriction zone, and changed the form and quality of land by raising 1.0 meters at a height of 1,200 square meters in the above land size as above in early April 2017.

Accordingly, the defendant changed the form and quality of land within the development restriction zone without permission of the development restriction zone.

2. No person who violates the Water Supply and Waterworks Installation Act shall excavate or embanking land at a place designated as a water-source protection zone without obtaining permission from the head of a Si/Gun/Gu, or change the form or quality of land;

Nevertheless, the Defendant, without obtaining permission, laid the form and quality of the above criminal facts 1. The Defendant changed without permission on the land located within the water-source protection area (river, railroad, ditch).

As a result, the defendant changed the form and quality of land in the water source protection area without permission of the Namyang market.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a statement, a business trip report, a report on illegal acts, a report on investigation records, records of current status pictures, land (which must be located), land use regulation services, a certificate of all registered matters (including horses) - Land, each investigation report (in relation to the request of an accused public official to submit supplementary materials to file an accusation against I electronic wire call, and the submission of an accusation report related to I electronic wire statements by an accused public official, and a report

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 (a) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Articles 32 and 12 of the same Act concerning criminal facts (the occupation of an unauthorized alteration of the form and quality in a development-restricted zone)

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