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(영문) 부산지방법원 동부지원 2019.01.24 2018고단1875
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No act of constructing a building, altering the purpose of use of a building, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, or piling up goods shall be conducted in a development restriction zone violating the Act on Special Measures for Designation and Management of Development Restriction Zones, such

Nevertheless, the Defendant, without permission of the head of the Gun, to operate a restaurant business from the plane captain B, which is a development-restricted zone.

(a) around February 2016, a restaurant with steel pipe in the area of 80 square meters in the above C, D, and E is constructed;

(b) around February 2017, a warehouse, the area of which is 18 square meters or more of the F, is installed inside the parking lot as a steel pipe inside the parking lot;

C. Around March 2017, the form and quality of the road packageed in the area of 1000 square meters of the above E, as a offset stone, are altered;

D. Around June 2017, the parking management office, which is a structure structure, was established in the area of 4 square meters in the above G4 square meters.

2. On October 16, 2017, the Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Act on Special Measures for the Management of Areas of Restricted Development, the Defendant did not implement a corrective order even though he/she received a voluntary correction order from the head of the relevant Gun on November 16, 2017 with regard to the provisions of the preceding paragraph by November 16, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes, such as a written accusation, a location map and field photograph, a comparative photograph, a corrective order (C member) against an illegal act in a development restriction zone, a final corrective order (C member) against an illegal act in a development restriction zone, and a guidance;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Selection of Punishment for Facts constituting an offense, Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones and the proviso to Article 12 (1) (Unauthorized construction, installation of each structure, alteration of form and quality of land within development restriction zones), Article 32 subparag. 2 of the Act on Special Measures for Designation and Management of Development Restriction Zones

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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