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(영문) 의정부지방법원 2017.08.18 2017고단2275

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure or water, change the form and quality of land, cut bamboo and trees, divide land, or store goods within a zone subject to development restriction without permission from the competent authority.

The Defendant, as the representative of B, engaged in the business of manufacturing film stage equipment in Nam-si, Namyang-si, a development restriction zone (hereinafter “D”). On September 23, 2016, the Defendant changed the purpose of using a storage of agricultural products (968 square meters) as a film theater, without obtaining permission from the competent authority, at the same place.

Accordingly, the Defendant conducted development activities without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Act and subordinate statutes to inspection documents, illegal investigation documents, field photographs, land registers, certified copies, land-building registers, general building registers, land use plans, and Internet outputs;

1. Relevant Article 32 (2) 1 and the proviso to Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments for Crimes (or Selection of Imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that the defendant was punished three times as a fine for the same kind of crime, but the crime of this case is not less complicated in light of the fact that the defendant committed the crime of this case.

It was not restored to the original state.

However, the defendant recognized his mistake and is in profoundly against himself.

It is necessary to restore to the original state as soon as possible.

There is no history of punishment exceeding a fine.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, background and motive of the crime, and circumstances after the crime.