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(영문) 대구지방법원 김천지원 2018.02.27 2017고단774
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four 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

1. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. in a zone subject to development restriction, without obtaining permission from the competent authority;

Nevertheless, the Defendant extended the steel framed of 57.3 square meters on the surface of 57.3 square meters in Hanam-si, which is a zone subject to the development restriction around June 2014, without obtaining permission from the head of Si in Hanam-si, which is a zone subject to the development restriction around 2014. In addition, the Defendant laid down concrete on the forest land on the surface of 68.4 square meters into a building site, and installed a stone of 29 square meters in 29 square meters, and damaged the mountainous district on the surface of 1,485 square meters.

2. On January 6, 2017, the Defendant, who did not comply with a corrective order, was ordered from Hanam City to correct the illegal acts described in paragraph (1) from Hanam City by February 5, 2017, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. E statements;

1. A forest register, certified copy of forestry map, confirmation of land use plan, general building ledger, building status map, investigation report on each illegal act, summary ground plan, and each corrective order;

1. Application of field photographs and current status photographs statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the same Act, the proviso to Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30 Subparag. 1 of the same Act, and the selection of imprisonment, respectively;

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 reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) are as follows: (a) the Defendant, without permission from the competent authority, did not change the form and quality of land, extended buildings, installed structures, etc.; and (b) did not comply with the corrective order on the violation thereof.

The area of the instant violation.

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