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(영문) 서울중앙지방법원 2017.10.19 2017고단4629

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a secondhand shop in Gangnam-gu Seoul Metropolitan Government, a development restriction zone, with the trade name "C".

On February 2, 2016, the Defendant, without obtaining permission from the competent authority in Gangnam-gu, Seoul, which is a zone subject to development restriction, did not comply with each of the above corrective orders, even though he/she received the second corrective order on November 28, 2016 on a scale of 200 square meters (the original restoration by November 18, 2016) from the head of Gangnam-gu, and received a correction order (the original restoration by November 28, 2016) from the head of Gangnam-gu, on a scale of 120 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Corrective order (1, 2)

1. Investigation report (or detection of illegal acts, etc. within the development restriction zone), confirmation report, location map, and illegal field photographs attached thereto;

1. Application of land registers and written confirmations of land use plans;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor) and Article 30 (1) of the same Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, from 2009 to 2014, has a record of being punished by a fine on three occasions on the grounds that he/she violated a restriction on activities in a development restriction zone or fails to comply with a corrective order; and (b) the Defendant closed down the instant secondhand property around September 2017.