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(영문) 서울중앙지방법원 2013.12.05 2013고단3506
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, on August 25, 2012, the Defendant, without permission from Yangju-si, he stored the soil at a height of 2 meters in height of 125 square meters in Yangju-si, Yangju-si, a development restriction zone.

Accordingly, the defendant changed the form and quality of land without permission habitually.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, A, and L;

1. Protocols of examination of witnesses (2007 High Court Decision 2007 High Court Decision 558 Case), copies of written judgments (Evidence 44);

1. A written accusation;

1. Illegal activity investigation card, location map, cadastral map, aerial photography, field photograph, land cadastre, and each photograph;

1. Responses to and certification of contents of each civil petition document, replies related to the report on the installation of an emergency disaster prevention facility, the current status of M stone stables and illegality, and amendments to the access roads;

1. Each investigation report;

1. Habituality of the judgment: The major issues on the recognition of damp walls are given that the defendant, even before committing the instant crime, has stored soil in the same place and has changed the form and quality of soil again after the restoration of the original state, and the circumstances leading up to the crime, the method of the crime, and the fact that the crime appears to have been planned;

1. Defendant and his defense counsel’s assertion

A. The facts charged in the instant case pertains to the act committed for the same purpose at the same time and at the same time near the facts charged in the Seoul Central District Court Decision 2012 High Court Decision 201Da21501, which had already been charged with summary indictment, and the facts charged in the instant two cases are related to a single comprehensive crime, and thus, the instant public prosecution constitutes double prosecution and thus

B. The defendant cannot be deemed to have habitually changed the form and quality.

C. The Defendant’s earth and sand festivals act collapses or collapses of the earth and sand base under Article 12(2) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Act”).

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