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(영문) 의정부지방법원 2018.06.14 2017고단5848
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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.

On August 2016, the Defendant, without obtaining permission from the competent authority, extended the height of 1 Dong area (318 square meters) related to D ground animals and plants in Nam-si, Namyang-si, Namyang-si, which is a development restriction zone, by two meters, and constructed a building as shown in the annexed crime list between around that time and around September 2017, and changed the form and quality of land, and changed the use of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of violations and on-site photographs;

1. Registers of each land and written confirmation of each land use plan;

1. The application of Acts and subordinate statutes to each building register and each building status;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution shows the attitude of the Defendant to light the law, and the fact that the Defendant received considerable profits from the instant crime, the liability for the crime is not easy.

However, the defendant has been living in the original state after late and after his mistake, and restored to his original state.

There is no criminal record for the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and mode of the crime, circumstances before and after the crime, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case.

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