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(영문) 의정부지방법원 2017.12.20 2017고단4478
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for 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

[2017 Height 4478] No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. shall be allowed in a development-restricted zone.

Provided, That in certain cases, construction, etc. of buildings may be performed with permission from the competent authorities.

The Defendant, without obtaining permission from the competent authority on February 2, 2017, cut off the area of 766 square meters from the area of 766 square meters in Nam-si, Namyang-si, which is a zone subject to the development restriction of the Police Officers, and changed the form and quality of land by cutting the area of 10 square meters in total from the area of 3,607 square meters in the area of 10 square meters in total, such as the list of crimes in the attached Form

[2017 Height 4686] No person shall construct a building, change its use, install a structure, change the form and quality of land, 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.

Nevertheless, the Defendant, without obtaining permission from the competent authority on September 12, 2017, laid down a 152.7 square meters of the building 152.7 square meters of the building 152.7 square meters of the same building, and 260 square meters of the same building 3 square meters of the same building without permission.

Accordingly, the defendant constructed a building without permission in the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police against F, G, H, I, and J;

1. Statement to K in the police statement protocol;

1. Each accusation book, business trip report, investigation report on each illegal act, field photograph, aerial photography, land ledger, land use plan confirmation document, L's statement protocol, plot map, arrangement map and photograph, current status photograph, and application of video Acts and subordinate statutes;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (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 for Facts constituting an offense;

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. The Criminal Act, the suspension of execution;

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