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(영문) 의정부지방법원 2016.02.02 2015고단3053

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall construct buildings, change their use, install structures, change the form and quality of land, etc. in a zone subject to development restriction without permission from the head of a Si/Gun/Gu.

Nevertheless, on April 2013, the Defendant newly constructed one warehouse of the general steel-frame structure equivalent to 360 square meters in total, 2, 320 square meters and 18 square meters, respectively, from Nam-si, Nam-si, which is a development restriction zone in light of the Seoul-si, and two lots outside of the Nam-si, which is a development restriction zone, without permission of the Namyang-si market. From March 2013 to April 2013, the Defendant laid down gravel on the land equivalent to 1,368 square meters in total without permission of the Namyang-si market, and laid down grass on the land equivalent to 7,194 square meters in land.

Accordingly, the defendant newly constructed a building in the development restriction zone without permission from the development restriction zone and changed the form and quality of the land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E;

1. A written accusation and a written investigation of offenses;

1. The land ledger and the land use plan confirmation Board;

1. Application of the current status photograph and cadastral map of aerial photography statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines;

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. In light of the fact that the area of the land damaged by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is wide and the defendant has the past record of being punished by a fine for the same kind of crime, the necessity of strictly punishing the defendant is sufficient.

However, the defendant led to the confession of the crime of this case and reflects it, completed restoration of the entire area by correcting the violation, and the records of the same crime of the defendant were about 15 years, and there was no other criminal punishment than the previous crime.