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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1468
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who uses and manages C’s land (hereinafter “instant land”) at the time of Si interest in the development restriction zone.

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or store goods within a zone subject to development restriction without obtaining permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent administrative agency on May 2013, conducted a change in the form and quality of land by cutting soil on the instant land equivalent to 278 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to each on-site photograph (referring to 8, 12, 14) and business trips;

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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel asserted that the risk of accidents, such as the use of the soil accumulated on the instant land by the cost, etc., and that the soil accumulated on the instant land constitutes a justifiable act that does not go against social norms under the Criminal Act.

According to the evidence duly adopted and examined by this court, the defendant did not cut down the soil of the land of this case, but arranged it properly and used it as a parking lot of EKafin in D, Sih-si, Sinh-si, the defendant managed by the defendant. This is a legitimate act that does not go against social norms.

subsection (b) of this section.

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