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(영문) 서울중앙지방법원 2013.10.17 2012고정5449
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No building business operator in a development restriction zone shall construct a building, alter the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority or in violation of the details of permission.

Nevertheless, the Defendant changed the form and quality of the land by piling up the soil at a height of 1 to 1.2 meters on 2 lots, such as 27 square meters from May 2012 to June 2012 and 108 square meters prior to E, both of which were located in Yangju-si, and 135 square meters at a height of 1 to 1.2 meters.

Summary of Evidence

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by the F;

1. A written accusation;

1. A tort investigation card;

1. Location map and aerial photography;

1. Application of statutes on site photographs;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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