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(영문) 의정부지방법원 2015.10.19 2015고단1287

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No building or alteration of use of a building, installation of a structure, alteration of form and quality of land, etc. shall be allowed in a development restriction zone without permission from the head of a Si/Gun

Nevertheless, for the purpose of operating a container leasing business, the Defendant: (a) newly constructed a container 101 dong (2.4 m2 and 6 m2) which is a building on the land of approximately 10,783 m2 in Nam-si, Nam-si, the development restriction zone of the Republic of Korea, from October 19, 2014 to October 1, 2014; (b) newly built a 70 m2 (3 m2, 9 m2.4 m2, 67 m2) which is a building on the land of approximately 10,783m2 in total among the 6 m2, Nam-si, the development restriction zone of the Namyang-si, the development restriction zone of the Republic of Korea; and (c) newly built a container 101 m2 (2.4 m2, 6m2) which is a building on the land of 1,454 m2,291 m2.

Accordingly, the defendant constructed a building in a development restriction zone for profit-making purposes and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Statement of H and I;

1. A written accusation;

1. A report on investigation (temporary report on the suspected facts);

1. Current status survey maps, illegal investigation reports, land use regulation confirmation sources, lease contract; and

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

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones with Respect to facts constituting an offense and the selection of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Each of the crimes of this case, such as the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act extends to a large area of the land where the defendant changed its form and quality, and the container installed therein exceeds 260 dongs, etc., the nature of the crime was serious, and the restoration to