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(영문) 의정부지방법원 2014.09.30 2014고단2348
개발제한구역의지정및관리에관한특별조치법위반
Text

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

The Defendant is a de facto owner of the land of 5,042 square meters in Namyang-si, which is a development restriction zone, and is the husband of D, the owner on the register.

No building, change of the form and quality of land, etc. shall be made in a development restriction zone without obtaining permission from the relevant administrative agency.

In collusion with D, from May 2013 to June 20 of the same year, the Defendant constructed 9-dong (6-dong, 200 square meters, 200 square meters, 150 square meters, 150 square meters, 2-dong, 150 square meters, and 12- square meters, in collusion with D, constructed a building in a development-restricted area and changed the form and quality of land for profit without obtaining permission from the relevant administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol on D, E, or F;

1. Each police statement concerning G;

1. Current status photographs and site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and the Selection of Imprisonment with prison labor, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant had a record of having been punished three times by a fine due to the same kind of crime, choice of imprisonment cannot be avoided in light of the fact that he/she committed the instant crime.

However, a suspended sentence is imposed in consideration of the favorable circumstances for the defendant, such as the confession of the crime of this case and the violation of his mistake through confinement life between Korea and Japan, the defendant seems to have made efforts to restore to the original state in good faith, and the defendant has no record of criminal punishment heavier than the suspended sentence, and the probation is also ordered.

In addition, the age, character, conduct and environment of the defendant, the details and motive leading to the crime of this case, the circumstances before and after the crime, etc.

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