beta
(영문) 수원지방법원 2019.07.04 2019고단847

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to change the form and quality of land for the purpose of farming or other reasons prescribed by Presidential Decree, which does not result in the construction of a building in a development restriction zone, shall obtain permission from the competent authority.

around June 2018, the Defendant arbitrarily changed the form and quality of land that amounts to a total of 4,516 square meters by raising three meters of land without obtaining permission from the competent authority even though the land constitutes a development-restricted zone B, C, D, and E, which is located within a development-restricted zone.

On December 2018, the Defendant arbitrarily changed the form and quality of land 1,003.5 square meters in length from 15 lots of land, such as Sungsung City F, which is a development-restricted zone, by increasing the width of about 334.5m in length from 15 lots of land, such as Y, Seosung City F, which is a development-restricted zone.

Summary of Evidence

"2019 Highest 847"

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written accusation;

1. "2019 Highest 1693" such as site photographs, certified copies of each cadastral map;

1. Defendant's legal statement;

1. A H statement;

1. Application of accusation, location map, and on-site photograph statutes;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The confession and reflect are made; the fact that the form and quality alteration of each of the land of this case was reported but the permission was delayed, and the fact that some land has been subject to criminal punishment for the same crime was completed: The fact that there are two times the records of criminal punishment for the same crime, and the punishment is determined as ordered by taking into account the Defendant’s age, character and behavior, the background of the crime of this case, the circumstances after the crime, etc., and various conditions of punishment as shown in the arguments