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(영문) 의정부지방법원 2018.08.22 2018고단1674
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 6, 2016, the Defendant, as a clothing wholesaler, purchased B98 square meters (the change of land category from “before June 20, 2017 to “miscellaneous land”) and C previous 128 square meters (division in the above B land on June 20, 2017), and completed the registration, and obtained permission to engage in development activities on construction of animal and plant-related facilities (a seed cultivation site) on the above ground around April 6, 2017, as a person who purchased and completed the registration.

1. Around August 2017, the Defendant changed the use of a building without obtaining permission from the competent authority, and the two Dongs (total floor area of 599.2 square meters) of the building constructed with permission as a seed breeding place on the ground B above, into a clothing logistics warehouse and office.

2. A building construction (extension) without obtaining permission from the competent authority. At the date and time stated in paragraph (1), and at the same place, the Defendant saved the storage of a steel-frame structure (5.9 square meters), two-story offices (65 square meters), and a toilet of a light-weight panel structure (7 square meters), etc., respectively.

3. The Defendant changed the form and quality of land without obtaining permission from the competent authority. The Defendant packaged the land in a manner of piling container on the B-ground 498.8 square meters and C-ground 128 square meters, and changed the form and quality of the land totaling 626.8 square meters of the area by using it as the site for the above clothes logistics warehouse and parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written investigation of violations and field photographs;

1. Building ledgers, building status maps, registers of each land, and confirmation sources for each land use plan;

1. Application of statutes on business plans;

1. Article 32 subparagraph 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Specific Acts and Punishment concerning facts constituting an offense, and the proviso to Article 12 (1) of the same Act, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection are without permission.

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