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(영문) 의정부지방법원 2017.12.05 2017고단3371
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up articles, etc. without obtaining permission within a development restriction zone or in violation of the details of permission.

Nevertheless, on August 2016, the Defendant changed the form and quality of land into a warehouse by putting concrete in two joints of the Dong-ri-si E field, which was constructed with permission from the competent authorities for the purpose of profit-making in order to obtain lease profit (total 487.92 square meters) and changing the purpose of use into a warehouse, and putting miscellaneous stone in an external land dry field 402.08 square meters into a concrete package.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a statement of investigation of illegal acts and a statement of business trip within the development restriction zone;

1. Article 31 (2) 1 and the proviso to Article 12 (1) of the Act on Special Measures for the Establishment and Management of Areas subject to Restriction on Development of Relevant Article 31 of the Act on Special Measures for Criminal Facts, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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