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(영문) 의정부지방법원 2017.07.20 2017고정1108
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Where development activities, such as change of the present quality of land, extension of buildings, alteration of form and quality, etc., are conducted in a zone subject to development restriction, permission from the competent authority

Nevertheless, without obtaining permission from the competent authority on July 2016, the Defendant changed the form and quality of Dong and plant-related facilities (a seed cultivation room) located in Guri-si B, which is a zone subject to development restriction, by building concrete on the floor area of 542m2 square meters connected to two Dongs, and installing a wall and a roof on the assembly-type line, changing the area of 492m2 square meters into the place of door-to-door cargo collection, and expanding the area of 50m2 square meters into a prefabricated panel on the greenhouse-type two connected roads, and changing the area of 8m2 square meters into a toilet by installing a partition in the seed distribution room, and changing the form and quality of a parking lot by building concrete on the area of farmland into a 442m2 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation book and each police report against C;

1. A survey report on illegal acts, the ledger of general buildings, the certificate of land use plan, and a duplicate statement on each business trip within a development restriction zone;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (information on the same kind of power, etc.);

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Articles 32 and 12 (1) of the Act on Special Measures for Designation of and Management of Areas subject to Restriction on the Selection of Penalties;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized all the criminal facts of this case and against his mistake; and (b) the Defendant appears to have received and paid compulsory payment for the instant case; and (c) the circumstances favorable to the Defendant are recognized.

However, each of the crimes of this case committed by the defendant without permission within the development restriction zone is designated as the content, method, and development restriction zone.

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