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(영문) 의정부지방법원 2018.05.02 2018고단220
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From around 2007, the defendant is a person who operates a restaurant with the trade name of "E" in Yangju-si B forest land, C forest land, and D.

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 development restriction shall obtain permission from the competent authority.

The Defendant, without obtaining permission from the competent authority on May 2017, constructed a building for profit-making purposes, such as construction of a place of business with a size of 37.4 square meters in size by installing iron bars for restaurant business and covering the roof with a tent, etc. in the above B forest and C forest in the middle of May 2017, and changed the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the tort investigation card (E), each photograph (Evidence Record 8 to 13 pages), each land use plan confirmation method

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

1. Article 62 (1) of the Criminal Act (the fact that the restoration to the original state seems to have been done alternatively and the fact that the restoration to the original state is not to be conducted again);

(3) such consideration as the

1. The community service order under Article 62-2 of the Criminal Act;

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