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(영문) 대구지방법원 2017.07.12 2017고정977
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall not construct a building, etc. in violation of the purpose of designation as a zone designated as a development restriction zone by the Minister of Land, Infrastructure and Transport with respect to the above land, as a person who owns a 1,032 square meters of a paddy-gun in the Gyeongbuk-gun, Chungcheongnam-do.

Nevertheless, from September 28, 2016 to January 11, 2017, the Defendant: (a) laid up the sand position panel with an erosion control walls; (b) constructed a single-story building of 20 square meters in a square meter of 120 square meters in a dried 20 square meters; and (c) changed the form and quality of dried 120 square meters in a concrete package.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. E statements;

1. A written accusation, on-site photograph, lease contract, and contract;

1. Application of Acts and subordinate statutes to the investigation report (No. 6,10, 11 of the list of evidence);

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant believed a verbal reply that the public official in charge of the office of the Doldong-gun Office would have constructed a vinyl house, and constructed the instant vinyl house.

The argument argues that there was no perception of illegality at the time of the construction act.

2. The act of misunderstanding that one's own act does not constitute a crime under Acts and subordinate statutes shall not be punishable if such misunderstanding is based on reasonable grounds; and

The phrase “” generally recognizes that a crime is committed but it does not constitute a crime permitted by law in one’s own special circumstances, and the purport of not being punishable if there is a justifiable reason to mislead such misunderstanding.

Whether or not there is a justifiable reason is the possibility of illegality of one's own act.

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