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(영문) 의정부지방법원 2014.12.24 2014고단3399
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

No one shall construct a building or alter its use, install a structure, change the form and quality of land, etc. in a development restriction zone without permission from the competent authority.

Nevertheless, on April 15, 2014, the Defendant used one agricultural warehouse (100 square meters), two livestock pens (248.4 square meters in each area), and four greenhouses (248.4 square meters in each area) as a general warehouse for storage of nuclear power teams, and extended the use of one container stuff (24 square meters in each area) for the purpose of using it as a warehouse, and extended the area of one toilet (24 square meters in each area) for the purpose of using one container stuff as a warehouse, and extended the area of one toilet (8 square meters in each area) for the purpose of using it as a warehouse. The Defendant added concrete to the above part of the land, the land category of which is the entire land, and changed its form and quality by inserting it into a site.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. A H statement;

1. A written accusation, an investigation report on offenses, and current status photograph;

1. Application of Acts and subordinate statutes to each building register, land cadastre, certified copy of a land use plan;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones and Selection of Punishment (the occupation of change of form and quality, extension of buildings and change of use) on criminal facts and the selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the following favorable circumstances: (a) Defendant confessions and reflects each of the instant crimes; (b) the period of using the building as a warehouse for the storage of the original group by changing the purpose of use without permission is relatively short, and there is no criminal record of the same kind of crime and no record of being sentenced to the suspension of qualification or more severe punishment; (c) on the other hand, the size of the building whose illegal use has been changed

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