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(영문) 의정부지방법원 2016.10.19 2016고단3107
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods, etc. in a development restriction zone shall obtain permission from the competent authority.

On December 2, 2014, the Defendant: (a) had obtained permission for piling up containers from the Guri Market for the land of Guri-si B, which is located within the development-restricted zone; (b) had a mind to carry on a warehouse business using containers installed on the above land.

The Defendant, without obtaining permission from the competent authority on August 15, 2015, used the foregoing container for the purpose of storing goods, such as removal of the container, etc., from around August 15, 2015, constructed 19 containers, which are temporary buildings of a total floor area of 273.6 square meters, and changed the form and quality of the land by booming the 10 square meters on September 15, 2015.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written accusation;

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 the facts of crime;

1. From among concurrent offenders, there are records of punishment for the same kind of crime, which is the defendant for the reason of sentencing under Articles 37(1)2, 38(1)2, and 50 of the Criminal Act, and Article 70(1) and Article 69(2) of the Criminal Procedure Act, among concurrent offenders, the crime of this case was committed in light of the scale of the punishment.

Restoration has not been achieved.

However, the defendant recognizes all his mistake and reflects it.

No one who has been punished as a penalty shall be punished.

Other conditions of sentencing, such as Defendant’s age, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as per the disposition.

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