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(영문) 의정부지방법원 2017.09.25 2017고단3598
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of C's land in South Korea.

1. No one shall commit an illegal act, such as changing the purpose of use, changing the form and quality, extending, etc. in a zone subject to development restriction, without permission from the head of the competent Si/Gun, etc.;

On February 2016, the Defendant, without obtaining permission from the competent authority, remodeled-si, which is a zone subject to the development restriction for passengers, remodeled-si, which is a zone subject to the development restriction for passengers, changed the use of a building into a steel-frame structure by using two Dongs of 249.6 square meters (a total of 499.2 square meters) as a storage, and extended the area of a multi-use room of 32 square meters and 18 square meters as a warehouse.

2. A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture, Forestry and Food, as prescribed by Presidential Decree.

The Defendant did not obtain permission from the competent authorities, and changed a building that was already permitted as a greenhouse in the farmland C in order to a warehouse in order to the end of February, 2016, and diverted the farmland to divert it.

Summary of Evidence

1. Statement by the defendant in court;

1. The written indictment, accusation, written statement, investigation report, investigation report on offenses, photographs on the current status, all certificates of registration, land register, general building register, aerial photography's descriptions, and the application of video-related Acts and subordinate statutes to the development restriction zone;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development, and the proviso to Article 12(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Articles 57(2) and 34(1) of the Farmland Act, and each decision 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. The Defendant’s reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the following grounds for sentencing) is that the District Court of the Republic of Korea rendered a judgment on July 1, 2003.

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