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(영문) 창원지방법원 2015.05.20 2015노214
개발제한구역의지정및관리에관한특별조치법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. At the time of mistake of facts, the Defendant cut down only two parts of miscellaneous trees.

B. The sentence (one million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Ex officio determination

(a) No act of constructing a building, altering its use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. shall be performed within a development restriction zone without obtaining permission from the Special Self-Governing City Mayor, etc.

On March 24, 2014, at around 16:00, the Defendant cut 14 parts of the Defendant’s forest in Changwon-gu, Changwon-si, Sungwon-si, a development-restricted zone, with a diameter of 12 to 36 cm, and 8 parts of the Defendant’s forest in Changwon-si, Sungwon-si, a development-restricted zone, with a diameter of 10 to 33 cm.

B. The lower court found the above charged facts guilty by applying Article 32 subparag. 1 and the proviso of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones to the aforesaid charged facts.

(c) The relevant Acts and subordinate statutes of this case are as follows. [1] Article 12 (Restrictions on Acts within Development Restriction Zones) (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones is prohibited from constructing buildings and altering the purpose of use, installing structures, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, or performing an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act: Provided, That any person who intends to engage in any of the following acts may do such act with permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu:

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