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(영문) 의정부지방법원 2016.01.18 2015고단2686
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

In order to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles, or perform an urban/Gun planning project in a zone subject to development restriction, permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a Gu office shall be obtained

On March 20, 2014, the Defendant: (a) changed the form and quality of gravel to a camping site; (b) newly constructed a residential facility (15 square meters); (c) a toilet (12 square meters and 48 square meters), a storage facility (12 square meters and 48 square meters); and (d) a livestock shed (634.8 square meters), a storage facility (634.8 square meters); and (c) installed a container for storage purposes without obtaining permission from the male field market; and (d) a storage facility for storage purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. Building ledger;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Articles 32 and 12 (1) of the Act on Special Measures for Designation of and Management of Areas subject to Restriction on the Selection of Penalties;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is deemed that a strict punishment is required against the defendant in light of the fact that the degree of violation of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is not less weak, and the restoration to the original state of the violation has not been completed.

However, the following circumstances are revealed: (a) the Defendant recognized the facts of the instant crime and reflects the fact of the crime; (b) there is no record of criminal punishment in addition to the punishment of fines imposed twice on the violation of the River Act in 1993; and (c) it appears that part of the instant offenses were restored to the original state; and (d) other circumstances, such as the Defendant’s age, sexual conduct, the details and motive leading to the instant offense, and the circumstances before and after the

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