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(영문) 의정부지방법원 2018.08.22 2018고단2943

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant is the owner of B land and animal and plant-related facilities (a seed cultivation site) in Namyang-si, the development restriction area of which is the Gyeonggi-do. 2 Dong (246.94 square meters, 253 square meters).

No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. without obtaining permission within a development-restricted zone or in violation of the details of permission.

Nevertheless, around May 2017, the Defendant used two Dongs of the above seeds and seedlings cultivation building as a warehouse without obtaining permission as above in the above land. The Defendant extended the outside of the above building the rest room structure of the light panel (7m2) and the warehouse of the light-weight panel structure (7m2), respectively, and changed the form and quality of the above land as a parking lot by putting the above land 498.06m2 in concrete and stone.

Accordingly, the defendant constructed buildings, changed the purpose of use, and changed the form and quality of land as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation of offenses;

1. Article 32 subparagraph 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Specific Acts and Punishment concerning facts constituting an offense, and the proviso to Article 12 (1) of the same Act, and the selection of imprisonment;

1. A sentence shall be imposed in consideration of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act, and the fact that a person has a criminal record for the same kind of reason for sentencing, and has not restored to his original state. A sentence shall be imposed in consideration of the fact that there is no criminal record exceeding the fine and that there is no criminal record exceeding