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(영문) 의정부지방법원 2018.05.16 2018고단236
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 became final and conclusive.

Reasons

Punishment of the crime

From around December 2008, the Defendant is a person who operates a restaurant with the trade name of "F" in both rivers B, C river, D forest and E, both of which are development-restricted zones.

1. Any 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 subject to restriction on development of a zone subject to restriction on development of a zone, shall obtain permission from the competent authority;

On April 2017, the Defendant constructed a building for profit-making purposes, such as the construction of a place of business with a size of 73 square meters in the size of 73 square meters in a tent with a tent for a restaurant business, without obtaining permission from the competent authority, and changed the form and quality of the land in the above B river.

2. On July 6, 2017, the Defendant in violation of the corrective order: (a) received the corrective order under the name of the two main markets that “a building (main use) with a size of 27 square meters or more which was newly built in the steel-owner and tent structure (the main use) at the cafeteria located in Yangju-si, and a building with a size of 27 square meters or more which was newly built in the steel-owner and tent structure (the development-restricted zone without obtaining permission from the development-restricted zone), but did not comply with the corrective order as it was, without being removed, for a building with a size of 27 square meters or more built for the main purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Investigation report (Attachment to the trial order, etc.), and investigation card for illegal acts;

1. Application of Acts and subordinate statutes of the cadastral map, current status photograph, original restoration photograph, enlightenment, advance notice of disposition, and written confirmation for receipt;

1. Relevant Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on the Development of Punishment, the proviso to Article 12(1) (applicable to unauthorized construction and alteration of form and quality within the development restriction area), Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, and Article 30(1) of the Act on Special Measures for

1. The former part of Article 37 of the Criminal Code, and Article 38.

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