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(영문) 의정부지방법원 2020.08.28 2020고단1527
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Anyone who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land in a development restriction zone shall obtain permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor,

Nevertheless, around March 2018, the Defendant changed the form and quality of a steel-frame structure building (298.97 square meters) for the purpose of animal and plant-related facilities to a warehouse without obtaining permission for development from the Namyang-si City, which is a development-restricted zone, and changed the form and quality of a marina and a parking lot (162 square meters) by making use of a steel-frame structure building (297 square meters) for the purpose of animal and plant-related facilities to a warehouse (298.97 square meters), extending the two floors of the above building (292 square meters), extending a toilet (7.2 square meters), expanding a warehouse

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a charge and an investigation report on offenses;

1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Selection of Fines concerning facts constituting a crime

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is favorable in favor of the defendant who has led to the crime of this case, and it is difficult to see that the area where the form and quality change, etc. are made without permission, without permission, is small without permission, considering the circumstances that the defendant's age, character and behavior, environment, family relationship, motive of the crime, means and consequence of the crime of this case, and all sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc., are considered to have been committed, and the punishment is determined as ordered within the extent higher than that of the prosecutor.

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