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(영문) 의정부지방법원 2018.06.08 2017고단5533
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

The Defendant is a person who operates a rural community experience center called “E” in both weeks C and D.

No one shall construct a building, alter the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of details of permission granted by the competent authority.

Nevertheless, on April 2017, the Defendant constructed a building or changed the use of the building without obtaining permission from the competent authority on a commercial basis, such as construction of a business site of 174.2m2m2 square meters in the size of steel / tent in Yangju-si, a development restriction zone, in Yangju-si, which is a development restriction zone, as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Investigation cards for illegal acts;

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

1. Relevant Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Punishment for Criminal Facts, the proviso to Article 12 (1) of the same Act, and the selection of imprisonment with prison labor;

1. An aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the violation of the Act on Special Measures for the Determination and Management of Areas subject to Restriction on Development, No. 7 of the List of Crimes, which is the largest offense)

1. Many countries including the Republic of Korea with reasons for sentencing under Article 62(1) of the Criminal Act designate development restriction zones to prevent any disorderly expansion of cities early and to preserve the natural environment surrounding cities so as to ensure the healthy living environment for urban citizens, and impose administrative and criminal sanctions on economic activities, such as various development activities, which have not been permitted within the development restriction zones, so that the natural environment in the development restriction zones can be substantially preserved.

In particular, unlike other urban planning, the legislators have provisions that prohibit the alteration of form and quality in the development restriction zone, and make more strict development activities in the zone.

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