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(영문) 의정부지방법원 고양지원 2015.08.28 2015고단1414

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a recycling business (ju) D in Gyeyang-gu Seoul Metropolitan City 2,086 square meters.

Any person may not 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. in a development restriction zone and conduct exceptionally certain acts, but in such cases, he/she shall obtain permission from the competent

Nevertheless, around January 2014, the Defendant changed the form and quality of approximately KRW 1,300 square meters for a solid business without permission from the competent authority for the use of the above land, which is a development-restricted zone, and installed a light steel structure of approximately 30 square meters in size on that day, installed goods in a size of approximately 1,00 square meters, and constructed one plastic house equivalent to approximately 60 square meters in size for the use of the office.

Summary of Evidence

1. The defendant's legal statement (the first and second statements);

1. A written accusation;

1. A written investigation of violation;

1. Confirmation of land use plan;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 and the proviso of Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development as to criminal facts, and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and Article 12(1) of the Act on Special Measures for the Punishment of Imprisonment with Labor is punished as the same or similar career in the past, and a suspended sentence was under the suspended sentence after being sentenced to the crime related to the recycling business of this case at the time of the crime of this case, which is a significant part of the size and degree of the act of this case, and the

However, there are some circumstances considering the background of the crime, and the defendant's sentence was imposed in consideration of the defendant's gender, age, family relationship, and economic condition.

It is so decided as per Disposition for the above reasons.