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(영문) 대전지방법원 2015.01.15 2014고정1949
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, etc. in a development restriction zone shall obtain permission from the competent authority.

In addition, a person who intends to convert a mountainous district shall obtain permission from the competent authorities according to the classification of the type, area, etc. of the mountainous district.

The defendant is the actual owner of Daejeon Pung-gu B and C forest land.

On July 5, 2014, the Defendant buried a lot of approximately 442 square meters in the above forest without obtaining permission from the competent authority, and buried a fluor, etc., and buried a fluor, and buried a fluoring stone in the vicinity of the forest, thereby changing the form and quality of land without permission by piling up landscaping stone at a height of between 0.5 meters and 1.7 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the practical survey report and investigation report (a copy of the investigation report for reference, etc.);

1. Subparagraph 1 of Article 32, the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Act on Special Measures for Designation

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records, and it is inevitable to strictly punish him.

However, the defendant shall be led to confession, reflect in depth, and restore to the original state.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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