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(영문) 의정부지방법원 2018.07.18 2018고단1473
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who owns two Dongs, which are facilities related to animals and plants of 492.00 square meters in total, which are facilities related to animals and plants of 492.00 square meters in the Guri-si, which are development-restricted zones.

No one shall construct any building, alter the use of any building, install any structure, change the form and quality of land, store goods, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of any terms and conditions of permission granted by the competent authority.

1. On October 2017, the Defendant changed the use of the said building from B to B as a warehouse without obtaining permission from the competent police authority among the police officers, and changed the use of the said building.

2. On October 2017, the Defendant constructed a building with no permission from the competent police officer, and constructed a warehouse of 516.00 square meters in total on the second floor of each of the above buildings without obtaining permission from the competent police officer. The Defendant constructed a building by extending the warehouse of 200.00 square meters in total on the two floors of the building, and the shelter and connecting passage of 36.80 square meters in total on the area of the building.

3. On October 2017, the Defendant changed the form and quality by packaging concrete on the outside land and access roads outside the seed cultivation site of 669.70 square meters in total, the area of which is 669.70 square meters in the above B and the development restriction zone, without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a written accusation, statement statement, investigation report on illegal acts within a development-restricted zone, and statement of business trip surrender;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1)8 (a) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the proviso to Article 12(1)1 of the proviso (a) of the Act

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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