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(영문) 수원지방법원 안양지원 2019.08.13 2019고단562
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In order to operate a fish farm, the Defendant, without obtaining permission from the competent authority from around 2013 to March 2018, stored soil of at least 50cm in Suwon-si, Suwon-si, Suwon-si, a development restriction zone, and changed the form and quality of land for profit by changing F land within a development restriction zone from dry field to reservoir.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation (including attached documents);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to reflect materials submitted by the accusation authority on the matters alleged by the suspect against this case);

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas of Restricted Development and the Selection of Punishment for Facts constituting an offense and Article 31 (2) 1 of the Act on Special Measures for the Designation

1. The reason for sentencing under Article 62(1) of the Criminal Act is the fact that the defendant was punished by a fine for the same kind of crime, the area of the violation in this case is wide, and the defendant did not comply with the request for correction by the competent authority for a considerable period of time, etc. is disadvantageous to the

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant commits a mistake and has completed restoration to the original state.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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