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(영문) 의정부지방법원 2015.01.16 2014고단3513
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of (StateB) B, who is a peting product company.

No building or alteration of the use of a building, installation of a structure, alteration of form and quality of land, etc. shall be allowed in a development restriction zone without obtaining permission from the relevant administrative agency.

On February 2, 2014, the Defendant, without obtaining permission from the relevant authorities in development restriction zones, such as Yangyang-si, Namyang-si, and without obtaining permission from the relevant authorities, changed the use of the building for sheir breeding ground (297 square meters) to the feed storage warehouse for the use of the sheirb, and made changes in the form and quality of the land for profit, such as the entry in the attached crime inundation

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (Submission of additional documents for viewing by the complainants South Korea);

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones with Respect to facts constituting an offense, and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed in consideration of the fact that it is reasonable for the defendant to change the purpose of use or extend the use thereof, the restoration to the original state has not yet been made up to now, the defendant has the same power of fines, the purpose of legislation, such as special measures for designation and management of development restriction zones to prevent urban disorderly expansion and to preserve the natural environment surrounding urban areas through restrictions on activities in development restriction zones, etc. However, the choice of imprisonment is inevitable, although it is inevitable to choose imprisonment, it is against his/her mistake, the transfer of warehouse and restoration to the original state in the course of submitting a specific reinstatement

1. Social service order under Article 62-2 of the Criminal Act;

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