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(영문) 의정부지방법원 2015.10.23 2015고단2017
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 became final and conclusive.

Reasons

Punishment of the crime

[2015 Height 2017] Construction of buildings and alteration of their use, installation of structures, alteration of form and quality of land, etc. in development restriction zones without permission from the head of a Si/Gun/Gu.

Nevertheless, on May 2015, the Defendant, who was a development-restricted zone, installed a renewable aggregate on the land equivalent to 4,276 square meters of the Namyang-si and 2 lots outside the Namyang-si, which is a development-restricted zone, and changed the form and quality of the land.

[2015 Height2720] No building construction, alteration of use, installation of a structure, alteration of form and quality of land, etc. shall be allowed within a development restriction zone without permission from the head of a Si/Gun/Gu.

Nevertheless, from May 2015 to June 2015, the Defendant newly constructed a building 9 Dong (1 Dong, 300 square meters per 4, 198 square meters per 1 Dong, 162 square meters per 2 Dong and 8 square meters per 8 square meters per 22 square meters per 3,00 square meters), which is a development-restricted zone, in Chungcheongnam-si, Nam-si, and Yangyang-si, which is a development-restricted zone.

Summary of Evidence

[2015 Highest 2017]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation, a business trip report, and a written investigation of offenses;

1. A land register, a copy of the land register, and a written confirmation of a land use plan (2015Sang 2720);

1. Defendant's legal statement;

1. E statements;

1. Business trip reports, reports on results of activities, investigation reports on offenses, and current status photographs;

1. Application of Acts and subordinate statutes to land cadastre, full certificate of registered matters, and land use confirmation personnel;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant has the record of being punished for the same kind of crime, the defendant has not been reinstated, and the defendant does not have to endeavor to restore to the original state: The defendant recognizes all of the crimes in this case, the defendant has no record of probation or higher, and the defendant's age, character and conduct, intelligence and environment, and the fact that he has

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