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(영문) 의정부지방법원 2018.01.09 2017노2812
개발제한구역의지정및관리에관한특별조치법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (20 million won in penalty) is too unhued and unreasonable.

2. The Defendant, without obtaining permission from the competent authorities, changed the form and quality of the land on seven parcels of land or a total of seven buildings located within the development-restricted zone, in violation of the terms and conditions of permission, and constructed a building by using a concrete building on the ground as a creative production place, and two buildings related to the storage of fishery products as material storage facilities, and two buildings related to the storage of fishery products as a warehouse, as a material warehouse, or by installing a container, etc.

In light of the legislative purpose of the Act on Special Measures for Designation and Management of Development Restriction Zones in which the alteration of use, etc. of buildings in violation of the purpose of designation is prohibited in principle and exclusively area in order to prevent urban disorderly expansion, to conserve the natural environment surrounding the city, the nature and circumstances of the defendants are not somewhat weak.

There are not a lot of rent profits that the defendant could have obtained by leasing a building whose purpose of use has been changed to a third party, and there is also a record of punishment of a fine not exceeding 20 million won due to a violation of the National Land Planning and Utilization Act in 2006.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

The defendant seems to have taken measures for the restoration of some original resources, such as the removal of gravel without permission, and the partial amendment of the "Ordinance on the Criteria for Permission for Acts of Areas subject to Restriction of Development Zones in the Guri-si" (wholly amended by Ordinance No. 1572, Dec. 27, 2017) "The Enforcement Decree of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development (hereinafter referred to as the "Decree")" under Article 3 of the former Ordinance on the Criteria for Permission for Acts of Areas subject to Restriction of Development Zones (wholly amended by Ordinance No. 1572, Dec. 27, 2017) shall meet the following standards:

1. A person wishing to install a seed and seedling cultivation room or a greenhouse;

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