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(영문) 창원지방법원 2019.01.09 2018고단847
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

From October 2017 to November 20, 2017, the Defendant: (a) installed, without permission from the competent administrative authority; (b) from Kimhae-si B, C, D, E, and F forest, a development-restricted zone; (c) prefabricated-type panel of an area equivalent to 7m25m2 to be used for a kitchen; (d) container of an area equivalent to 81.25m2 to be used for a resting room; (c) container of an area equivalent to 10.36m2 square meters for each warehouse; and (d) container of an area equivalent to 32m2m2; and (c) installed a steel frame in an area equivalent to 30m2 square meters; and (d) cut the said 4m of forest to be used as a road ( approximately 470m in length, approximately 3-5m in width, approximately 50m2, about 3-5m3m2, and about 35m3m3-5m2).

As a result, the Defendant constructed a building on a total area of 157.51 square meters without obtaining permission in a development-restricted area, he stores goods on a total area of 30 square meters, and alters the form and quality of the land calculated as the area of 1,860 square meters [470 meters in length x 3 meters in width] (50 meters in length x 3 meters in width x 3 meters in width].

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

1. Pronouncement of sentencing under Article 62 (1) of the Criminal Act (unestablished sentencing criteria): Imprisonment with prison labor for 4 months or suspended sentence for 2 years: Large changes in the form and quality of imprisonment, absence of a trial (one time), etc. for mitigation: reinstatement after confession, prosecution (excluding any failure of a long period from the grounds for mitigation), and no previous conviction or imprisonment without prison labor for the same kind or a heavier punishment (five times of fines), etc.;

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