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(영문) 광주지방법원 2015.11.27 2015고단3290
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

Where a person who constructs a building, alters the purpose of use, installs a structure, changes the form and quality of land, etc. without obtaining permission from the head of a Si/Gun/Gu with respect to land within a development restriction zone receives a corrective order from

However, even though the construction permission and permission to change the form and quality of land of the Doyang-gun, the head of a Gun having jurisdiction over animal and plant-related facilities ( stables and composts), was revoked, the Defendant, on the land of 2,658 square meters in the total area of 2,658 square meters in the Jeonyang-gun C and D, which is a development restriction zone, installed ten concrete packagings of 892 square meters, and still raises dogs and chickens at that place, and on the two occasions on February 16, 2015 and April 14, 2015, the Defendant did not comply with a corrective order issued by the Doyang-gun on March 27, 2015 and April 24, 2015.

[ within the extent that it is deemed that there is no risk of substantial disadvantage to the defendant's exercise of his/her right of defense, the gist of evidence was appropriately revised

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E;

1. Written accusation and statement of a public official;

1. Investigation report (Listening to suspect's phone statement), investigation report ( listening to public official in charge's phone statement);

1. Application of each business trip report, the details of restoration to original state, each disposition notice, each disposition notice, each opinion submission, each photographic site, civil petition cancellation notice, civil petition cancellation application, permission for construction in development restriction zones and notification of change of form and quality of land, conditions of permission, and applications for permission for change of the use of construction, each disposition order, each administrative vicarious execution order, each disposition order, each opinion submission, each opinion submission,

1. Subparagraph 2 of Article 32 and Article 30 (1) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts of the crime;

1. Article 62 of the Criminal Act:

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