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(영문) 서울북부지방법원 2019.02.13 2018고단5026
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a development restriction zone and a state forest, and is the actual owner of an unauthorized building in Nowon-gu in Seoul Special Metropolitan City.

A person who intends to convert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying its use.

In addition, no one shall construct buildings, change the purpose of use, build structures, change the form and quality of land, etc. in development restriction zones, use State property or profit therefrom, and build facilities, buildings or structures other than park facilities in urban parks without obtaining permission from the competent authorities.

Nevertheless, from July 5, 2018 to July 26, 2018, the Defendant removed an unauthorized building existing in the said place, and he he he he he he he he he he he he he he he he he he he he he he he he he he he he he stored a stone shed without obtaining permission from the competent authority, and then built a multi-story residential building with the wall and roof of 196 square meters as aground with steel structure and light-weight partitions.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statements and additional statements;

1. A written accusation or a written accusation;

1. A criminal investigation report (Attachment of data, such as land, forest register, etc.);

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

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, Article 14 (1) of the same Act on criminal facts, Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, Article 12 (1) of the Act on Special Measures for Designation of Development Restriction Zones (a point where an unauthorized building is constructed within a development restriction zone), Articles 82 and 7 (1) of the State Property Act (a point where State property is occupied or used without permission), and Articles 53 subparagraph 2 and 24 (1) 1 of the Urban Parks, Greenbelts, etc. Act (a point where an unauthorized

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

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