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(영문) 의정부지방법원 2017.07.07 2017고단1304
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six 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 a building, change the use of a building, install a structure, change the form and quality of land, etc. in a zone subject to development restriction without permission from the competent authority.

On October 2016, the Defendant changed the use of two animal and plant-related facilities (house) in Nam-si, Namyang-si, which is a restricted development area without permission from the competent authority, as a goods storage, to use as a goods storage, such as extension of the building, change of the use thereof, and form and quality of land for the use as a goods storage of the Defendant, as shown in the list of crimes in the attached Form.

Accordingly, the defendant committed an act of restricting development without permission from the competent authority in the development-restricted zone for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Application of statutes on site photographs;

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor);

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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