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(영문) 의정부지방법원 2013.12.11 2013노1001
개발제한구역의지정및관리에관한특별조치법위반
Text

All the judgment below is reversed.

Defendant

A shall be punished by a fine of 8,00,000 won and by imprisonment with prison labor of 4 months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (for defendant A: 4 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment and 2 years of suspended sentence) declared by the court below to the defendants is too unreasonable.

2. In light of the legislative intent of the Act on Special Measures for Designation and Management of Areas of Restricted Development, etc., the contents of each crime are heavy and inferior; the number of animal and plant-related facilities leased and leased by the Defendants is large; the size of the area is wide; the size of each extension and alteration of the shape and quality of the Defendants is wide; the size of each extension and use of facilities related to animal and plant in the instant land is wide; Defendant E is known to be used for the alteration of the purpose of use of facilities related to animal and plant in the instant land; Defendant E is leased to each of the above Defendants including the above Defendants A, B, C, and D; the form and quality of land is changed to prevent any disorderly spread of the city through restrictions on activities in the instant land and use of parking lots and open storage sites; Defendant E is deemed to have not yet acquired facilities in the instant case from February 2, 2012 to be leased to Defendant E in excess of the size of facilities in the instant case; Defendant E’s new installation and restoration of facilities in the instant case to the original state.

However, the Defendants committed the instant crime.

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