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(영문) 의정부지방법원 2016.02.05 2015노2238
개발제한구역의지정및관리에관한특별조치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant ordered a truck engineer to transport soil and sand to the land owned by KJ in Namyang-si, Namyang-si, Namyang-si, and the truck engineer did not find a correct place due to an error, and buried earth and sand in the place indicated in the contingent facts charged. Therefore, the lower court found the Defendant guilty of the instant facts charged on a different premise, inasmuch as the Defendant intentionally buried earth and sand and did not change the form and quality of land, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the grounds for appeal, namely, “F, a dump truck engineer, has been 10,000 won for the Defendant per dump truck in return for treatment of earth and sand” from the investigative agency to the lower court’s court, and, depending on the Defendant’s guidance, buried 4.5t dump truck with land C, D, and E, as ordered by the Defendant.

“The credibility of the Defendant’s act of reclaiming land without permission and changing the form and quality, etc. is sufficiently recognized in light of the consistency of the Defendant’s previous and previous statements, objective reasonableness of the contents of the statements, attitude of the statement, etc., including a relatively consistent statement on the Defendant’s act of reclaiming land without permission and changing the form and quality, etc.

There is no special motive or reason to see. ② On October 25, 2013, the telephone call content between Defendant and F on three occasions on the day of the instant case is supported by the probative value of F’s statement; ③ differently from the Defendant’s lawsuit, when the Defendant requested to reclaim earth and sand from J on November 2013, it is highly probable after the instant crime, and the Defendant’s defense counsel and the fact-finding confirmation as to the Defendant’s defense and its preparation.

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