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(영문) 의정부지방법원 2017.07.27 2017고단749
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. No person who violates restricted acts in a development-restricted zone shall construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, store goods, perform an urban or Gun planning project without obtaining permission from the competent authority for profit-making purposes or in violation of any terms and conditions of permission;

On May 2016, the Defendant constructed a facility for the cultivation of seeds and seedlings with the permission of the competent authority for the purpose of animal and plant-related facilities, and installed a building for the cultivation of seeds and seedlings with the permission of the competent authority for the purpose of animal and plant-related facilities, and used it as a warehouse for the purpose of leasing it to C in violation of the above permission, and used it as a warehouse for the purpose of paying rent. The Defendant changed the form and quality of land by carrying out concrete snowing work on a size of 444 square meters near the above place, and constructed 6.9 square meters near the above place.

2. The Defendant who failed to comply with the corrective order from June 15, 2016 to the same year.

7. Until December 26, 200, a corrective order was not complied with even though the corrective order was issued to restore the above land and building owned by the defendant to the original state three times from the old market.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written investigation of each violation and an on-site examination;

1. Entry into the building ledger, and the land ledger;

1. The first order, the second order, each addition, the second order, and the demand for the implementation of the corrective order;

1. Application of the Acts and subordinate statutes on the monthly rent contract for warehouse;

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 (Violation of Restriction on Acts in Areas subject to Restriction on Development) concerning facts constituting an offense, Articles 32 subparagraph 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (Non-performance of Time Orders), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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