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(영문) 부산지방법원 동부지원 2016.05.11 2016고단82
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was issued a summary order of KRW 5 million on the charge of violating the Act on Special Measures for the Designation and Management of Development-Restricted Areas in Busan District Court's East Branch Branch.

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles or implement an urban/Gun planning project without obtaining permission from the head of the competent Gu.

Nevertheless, from June 2015 to October 29, 2015, the Defendant installed and used residential facilities (42 m2 m2) and storage facilities (102 m2 m2) without obtaining permission on the Busan Shipping Daegu site, which is an area subject to development restriction.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the statutes governing tort photographs;

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of the relevant Acts on criminal facts (or choice of imprisonment);

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

1. Probation of protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act (public prosecutor's opinion) 6 months of imprisonment (decision on a sentence) ; two years of suspension of execution; surveillance of protection; community service work; 160 hours of imprisonment;

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