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(영문) 부산지방법원 동부지원 2014.04.14 2014고정200
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is a de facto manager as the mother of C, who is the owner of 631m2 in Busan-gun, Busan-gun, Busan-gun.

No one shall construct buildings, change the form and quality of land, cut bamboo and trees, etc. in a development restriction zone.

Nevertheless, in August 2013, the Defendant newly constructed a wood shed with a large area of about 10 square meters and changed the form and quality by creating a factory site with a large of about 60 square meters, for the purpose of storing rest and farming equipment, etc. in the forest on the ground of the forest on August 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing tort;

1. Subparagraph 1 of Article 32 and Article 12(1) of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 12372, Jan. 28, 2014);

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is the mother of C, who is the owner of 6331m2 in Busan-gun, Busan-gun, which is a development restriction zone.

No one shall construct buildings, change the form and quality of land, cut bamboo and trees, etc. in a development restriction zone.

Nevertheless, the Defendant cut four parts of trees, the type of which is unknown, in the forest and fields above.

2. According to the proviso of Article 12(1)5 of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (amended by Act No. 12372, Oct. 28, 201) and Article 15 of the Enforcement Decree of the same Act, felling of bamboo trees for which permission can be obtained shall be defined as “a felling of bamboo trees with a size of at least 500 square meters or a size of at least five cubic meters.

Therefore, it can be recognized that the defendant laid down the 4th degree of tree in the forest of this case. However, the above recognition alone alone is 500 square meters or the size of the above felling trees.

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