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(영문) 수원지방법원 성남지원 2017.05.12 2016고단3308
개발제한구역의지정및관리에관한특별조치법위반
Text

[Defendant A] Defendant A is not guilty. [Defendant B] Defendant B is punished by imprisonment for six months.

except that this judgment.

Reasons

Punishment of the crime

[Defendant B] A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a development restriction zone shall obtain permission from the competent authority.

Defendant

B on January 2016, in Gwangju City, E, F, and G, which is a development restriction zone, filled up at a height of one meter before 2,677 square meters without obtaining permission from the competent authorities and changed the form and quality of concrete joints.

Summary of Evidence

1. Defendant B’s legal statement

1. A H statement;

1. A written accusation;

1. A written investigation of offenses, land register, a certified copy of cadastral map and location map;

1. A real estate lease agreement;

1. Application of each on-site photograph, on-site photograph, and location map;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Specific Measures concerning Facts constituting an offense (or choice of imprisonment) and the proviso to Article 12 (1) of the same Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution are as follows: Six times for the same kind of crime (including one time of suspension of execution), fourteen times for all kinds of different types of crimes, and unfavorable circumstances such as the size of violation, and circumstances favorable to confession, reinstatement, etc. The part not guilty [Defendant A]

1. This part of the facts charged

(a) A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone where the development of a public contest with Defendant B is restricted shall obtain permission from the competent authority;

On January 2016, the Defendants conspireded to fill up at a height of one meter before 2,677 square meters in Gwangju City E, F, and G, which is a development restriction zone, without obtaining permission from the competent authorities, and changed the form and quality of the concrete pipe laid underground.

Defendant

B The part of the charge of the instant crime in collusion with Defendant A is without proof as to the crime, but is found guilty as long as the single crime with the relation to the crime of this case is found to be guilty.

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