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(영문) 부산지방법원 동부지원 2016.06.20 2016고단290
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four 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 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, etc. in a zone subject to development restriction without obtaining permission from the competent authority;

Nevertheless, on October 2015, the Defendant installed one container with a size of 36 square meters in Busan-gun, Busan-gun, which is a zone subject to the restriction of development, without obtaining permission from the competent authorities.

2. 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, etc. in a zone subject to development restriction without obtaining permission from the competent authority;

Nevertheless, on January 2016, the Defendant installed a board panel and a steel frame with a size of 82 square meters in order to use it for selling places in Busan-gun B, Busan-gun, which is a restricted development zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Although the defendant, despite the majority of criminal records of the same kind of crime, has committed the crime of this case again despite the fact that he/she had committed the crime of this case, he/she is not less likely to be subject to the punishment as ordered by the order, considering the various circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., which are the conditions for the punishment specified in the trial process, such as the circumstances after the crime,

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