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(영문) 의정부지방법원 2018.12.20 2018고단3619
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of 2 Dong (249.6 m2, each 249.6 m2) constructed with permission as each land located in B (998m2) and C (298m2) and its ground animal and plant-related facilities in Namyang-si, Nam-si, which is a development restriction zone, and D is the two lessees of the above warehouse.

1. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. within a zone subject to development restriction with D;

Nevertheless, on December 2017, the Defendant, despite being aware that he/she used it as a storage of goods, which is not an animal and plant-related facility, leased two buildings to D, and D used the above buildings as a storage of goods from around that time.

Accordingly, the Defendant conspiredd with D to change the use in the development restriction zone as above.

2. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. within a zone subject to development restriction;

Nevertheless, on December 2017, the Defendant changed the form and quality of a ice container (468.6 square meters) on the same B’s land, which is a development restriction zone around December 2017, and newly constructed a ice container (4.7 square meters) with a garnating 2 Dong (249.6 square meters), around December 2017, and (3) with a ice container (291.3 square meters) on the same land around December 2017, the Defendant changed the form and quality of the said C with a ice container (291.3 square meters) around December 2017. (4) Around December 2017, the Defendant newly constructed a toilet (4 square meters), a warehouse, a (2.7 square meters) with a 27 square meter on the said C’s land, and newly constructed the said 27 square meters on the said B’s building around December 2017. (6) Around 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. D Legal statements;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning investigation reports, field photographs, and land use plans;

1. Designation and management of areas where respective development restrictions are applicable to facts constituting an offense and applicable mutatis mutandis to the choice of punishment;

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