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(영문) 수원지방법원 성남지원 2017.05.19 2017고단254
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to development restriction, or a person who intends to newly construct, extend, remodel, mine a building or other structure, extract minerals, gather soil, stones, sand, gravel, conduct reclamation, change the form and quality of land, fell trees or gather wild plants in a zone subject to development restriction, other than a park project, shall obtain permission from the competent authority.

Nevertheless, on May 2016, the Defendant changed the form and quality of farmland by cutting down forests of 6,90 square meters and forests of 6,900 square meters without obtaining permission from the competent authority, and constructed roads of 200 square meters and 58 square meters.

Accordingly, the defendant, for the purpose of profit-making, installed a structure by changing the form and quality of the land without obtaining permission from the competent authorities in the interest zone of the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of offenses and a certificate of land use plan;

1. Written order for the reinstatement of an accusation or restoration to the original state;

1. Application of field photographs and aerial photography statutes;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Articles 31(2)1 and the proviso to Article 12(1) (referring to changing the form and quality of a for-profit purpose within an unauthorized development restriction zone), Article 83 Subparag. 1 of the Natural Park Act, and Article 23(1) of the same Act concerning facts constituting a crime (the change of the form and quality in a park area without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): A favorable circumstance that is favorable to the defendant, such as the fact that the restoration of the original state and the recovery of damage are difficult to complete: The defendant is an elderly first offender, the defendant is led to the confession of each of the crimes of this case, and is against the defendant.

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