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(영문) 수원지방법원 안산지원 2016.07.22 2016고단1444
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant owns the D D's land in the name of the principal or his family, and actually manages the land, E is the defendant's wife, and F is the defendant's child.

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, or violate any terms and conditions permitted by the competent authority in a zone subject to development restriction, without obtaining permission from the competent authority.

Nevertheless, on May 8, 2015, the Defendant installed a container of six square meters of a size and constructed a new building without obtaining permission from the competent administrative agency in Si-si, Si-si, which is a development restriction zone, and from around that time to October 16, 2015, the Defendant did not obtain permission from the competent administrative agency in the development restriction zone over 29 occasions, such as the list of crimes in the attached Table, or made changes in the form and quality, new construction, building extension, and change in the use in violation of the details of permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to each land register, certificates of all the registered matters, investigation records of each violation, and written statement of business triping;

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

1. In full view of all the factors such as Defendant’s age, sex, family environment, motive and background of the crime, and circumstances before and after the crime, etc., punishment as ordered shall be determined in the light of the following: (a) the first sentence of sentencing under Article 62-2(1) of the Social Service Order Criminal Act; (b) the number of violations is high; (c) the number of violations is against the law; (d) some restitution

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