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(영문) 의정부지방법원 2017.09.13 2017고단2273
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction.

The Defendant, without obtaining permission from the competent authority on July 2016, changed the use of a building by remodeling and using 2 Dongs of 492.76 square meters in a total of 492.76 square meters in Guri-si, a zone subject to development restriction, into a warehouse. The Defendant changed the form and quality of the land by building concrete on 492.76 square meters in the floor area of the above warehouse and 491.24 square meters in the surrounding warehouse. The Defendant extended 10 square meters in Guri-si, a zone subject to development restriction, installed a stone shed of 275 square meters in a size of 1804 square meters in Guri-si, which is a zone subject to development restriction, and changed the form and quality of the land into a warehouse of 492 square meters in Guri-si, which is a zone subject to development restriction, and changed the area of another building into a 492 square meters in another specific building’s shape and quality, and changed the area of another 42 square meters in another Myeon.

Accordingly, the defendant constructed a building, changed the purpose of use, installed a structure, changed the form and quality of land without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each accusation;

1. Statement protocol of each E;

1. A written investigation of each violation;

1. Public documents, such as a certified copy of the register, such as relevant documents, such as illegal photographs, building ledgers, certificate of land use plan;

1. Each corrective order, each order for restoration from the original state, each advance notice of the imposition of compulsory performance amounts, demands for implementation, and notice of the imposition of compulsory performance amounts;

1. Application of statutes on site photographs;

1. Article 32 subparag. 1 and Article 12 subparag. 1 of the Act on Special Measures for the Establishment and Management of Areas subject to Restriction on Development of Relevant Article 32 of the Act on Special Measures for Criminal Facts;

1. Selection of the penalty;

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