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(영문) 의정부지방법원 2018.01.18 2017고정2058
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to construct buildings, change the purpose of use, change the form and quality of land, etc. in a zone subject to development restriction shall obtain permission from the competent authority.

On February 20, 2016, the Defendant: (a) extended the total area of 130 square meters to 36 square meters inside a warehouse in storage of agricultural products with a total area of 130 square meters, without obtaining permission from the competent authority in Nam-si, Nam-si, which is a development restriction zone; and (b) changed the use of the building as a workplace replacing a small wave ceiling.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a statement of a person in charge, an investigation report on current status and photographs, a full certificate of registered matters, and a protocol for examination of suspect prepared by the police against D

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is the first sentence of sentencing of Article 334(1) of the Criminal Procedure Act; the defendant recognized the criminal facts of this case and reflects his mistake; the economic situation seems to have not been made a judicial decision for the impeachment; and the first offender who has no record of criminal punishment is recognized as favorable to the defendant.

However, the crime of this case where the defendant extended the building within the development restriction zone without permission and changed the purpose of the crime of this case is not less than the nature of the crime in light of the contents and methods of the crime, and it seems that the complete restoration to the original state has not been carried out until now. The general punishment in the same and similar cases is balanced, and other various circumstances, including the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence, means and result of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are conditions for the punishment of this case, shall be taken into account.

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