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(영문) 수원지방법원 성남지원 2017.02.10 2017고정23
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to development restriction shall obtain permission from the competent authority.

Nevertheless, on April 2, 2016, the Defendant changed the form and quality of land by means of damaging the forest by using a digging season and a dump truck on the 1,007 square meters of forest land without obtaining permission from the competent authority, in Gyeonggi-si, which is a zone subject to development restriction, and cutting 2.5 meters of forest land.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A statement of investigation of offenses;

1. A forest ledger and a certificate of land use plan;

1. Application of statutes on site photographs;

1. Article 32 of the Act on Special Measures concerning the Designation and Management of Areas subject to Restrictions on the elective Development of Punishment and Specific Measures for Criminal Facts, the proviso to Article 12 (1), and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances in which the sentencing of Article 334 (1) of the Criminal Procedure Act of the Order of Provisional Payment is favorable: Restoration to original state, absence of record of the same kind of crime, circumstances unfavorable to a confession: The area of land in its form and quality changed, and a balance of sentencing

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