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(영문) 의정부지방법원 2017.04.20 2017고단795

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for four 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

1. Alteration of the form and quality of land, construction of buildings, alteration of the purpose of use, piling-up of goods, etc. in a zone where development activities are restricted without permission from the competent authority;

Nevertheless, on April 2016, Guri-si B, which is a zone subject to the restriction of development, buried soil of a height of 2 meters and a width of 540 square meters without permission from the competent authority for the purpose of profit-making in order to operate a high-water shop with the trade name of "C", and changed the form and quality of land and store household appliances on a size of 20 square meters.

2. On July 20, 2016, the Defendant did not comply with the second corrective order, even though he/she received the corrective order to reinstate the same offense as described in paragraph (1) from the Guri market within 15 days, to restore the original state, and on September 5, 2016, he/she did not comply with the second corrective order even if he/she received the second corrective order to voluntarily restore the original state within 10 days from the Guri market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on illegal acts within the development restriction zone;

1. A’s letter;

1. Corrective orders and the primary guidance for restoration to the original state for illegal acts of a development restriction zone, corrective orders for illegal acts of a development restriction zone, and second improvement of restoration to the original state;

1. Illegally field photographs;

1. Pre-announcement of the imposition of compulsory performance and application of Acts and subordinate statutes to urge corrective measures;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on the Selective Development of Punishment; the proviso to Article 12(1)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Articles 32(1)2 and 30(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; and Articles 32(1)2 and 30(1) of the Act on Special Measures for the Designation of Areas subject to Restriction on Development; and the Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the Defendant’s reasons for sentencing under Article 62(1) reflects the Defendant’s fault in depth, and that the Defendant’s failure to restore the original state does not amount to KRW 15 million.