beta
(영문) 의정부지방법원 2018.09.07 2018고단1351

개발제한구역의지정및관리에관한특별조치법위반

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

No one shall construct a building, change its use, install a structure, change the form and quality of land, etc. in a zone subject to development restriction without obtaining permission from the Special Self-Governing City Mayor, the Special Self-Governing Province or the head of a Si/Gun

Nevertheless, on September 4, 2015, the Defendant newly constructed a warehouse with a floor area of 66.5 square meters in the area of 108 square meters, one Dong, a water tank room with a floor area of 10.5 square meters in the area of 108 square meters in the area, and a work room with a floor area of 108 square meters in the area of 2015, the land above B, which is a zone subject to the development restriction for passengers, was divided into C, D, and E on November 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference by the prosecution concerning the F;

1. A statement prepared by the F;

1. Reporting of business trips results;

1. A tort investigation card;

1. Data output, etc. of land use regulation information services;

1. Cadastral map;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Many countries including the Republic of Korea for the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders designate development restriction zones in order to prevent any disorderly expansion of cities and to preserve the natural environment surrounding cities in order to ensure the healthy living environment for citizens, and impose administrative and criminal sanctions on economic activities, such as various development activities, which have not been permitted within the development restriction zones, so that the natural environment in the development restriction zones can be substantially preserved.

In particular, unlike other urban planning, the legislators strictly limit the development activities in the area by prohibiting the alteration of form and quality in the development restriction zone.

The Defendant is the Seoul Western District Court on September 16, 2002.