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(영문) 의정부지방법원 2018.05.17 2018고단1109
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who owns four Dongs (total area of 998.4 square meters) which are animal and plant-related facilities built with a general steel structure in Namyang-si, Namyang-si, a development restriction zone, D and E.

No zone subject to development restriction shall construct a building, change the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission or in violation of details of permission.

1. Around November 2016, the Defendant changed the purpose of use by using four units of a room constructed on two lots of the above land as a storage of electronic equipment, etc. without obtaining permission from the South Yangyang City market.

2. On November 2016, the Defendant constructed a warehouse (53.0 square meters) with a light-weight board structure and a toilet (16.5 square meters) at the same place at the same time without obtaining permission from the Namyang-ju market.

3. On November 2016, the Defendant changed the form and quality by packing concrete on the land outside a greenhouse and warehouse (a total of 1,023 square meters) at the same place in the same place without obtaining permission for the Namyang-ju market.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on illegal acts in development-restricted zones (including departments and sculptures);

1. A written investigation of offenses (D, E, and on-site photographs);

1. The general table table (D), general building ledger (D), and the current status map of buildings;

1. A certificate of all matters to be registered (D, land), ledger of land (D) and land (D), and a certificate of land use plan (D);

1. Part (E), general building ledger, and current status map of a building;

1. A certificate of all registered matters (E, land), register of land (E), certificate of land use plan (E);

1. Application of Acts and subordinate statutes to investigative reports (report accompanied by amended written investigations of offenses);

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Acts and Punishment concerning facts constituting an offense and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selection of Punishment;

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. The community service order under Article 62-2 of the Criminal Act

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