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(영문) 수원지방법원 성남지원 2017.07.13 2017고단1019
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Height 1019] Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a development-restricted zone shall obtain permission from the competent authorities.

The Defendant changed the form and quality of land by laying off 40 truck soil at a height of 0.8 meters by using dump trucks from the Gyeonggi-si, Hanam-si, D, E, F, G farmland (an area equivalent to 2,566 square meters) and H farmland (an area equivalent to 58 square meters), which is a development restriction zone, from June 2016 to November 201 of the same year.

[2017 Height 1412] Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a development-restricted zone shall obtain permission from the competent authorities.

On September 2015, the Defendant installed a vinyl house of the steel pipe structure, which is a structure, at the Donnam-si, Gyeonggi-do, which is a development restriction zone, without obtaining permission from the competent authority for development activities.

Summary of Evidence

[2017 Highest 1019]

1. Statement by the defendant in court;

1. Written Statement;

1. A written accusation;

1. A statement of investigation of offenses and a statement of business trip;

1. A certified copy of each land register and each cadastral map;

1. photographs of each status [2017 Height 1412];

1. Statement by the defendant in court;

1. A written accusation;

1. A statement of investigation of offenses;

1. Each report on investigation;

1. A land register and a land use plan;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Articles 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selection of Punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act is not good, but it is against the age of the defendant, there are circumstances that may be considered for certain crimes, and partial reinstatement is completed, etc.);

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