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(영문) 수원지방법원 성남지원 2017.04.19 2017고정222

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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 within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, from March 25, 2016 to April 25, 2016, the Defendant installed in Gwangju City B, a development restriction zone, a stone shed of 212 square meters, 36.9 meters in length, and 5 sports facilities in forest land of 282 square meters.

As a result, the Defendant established a structure without obtaining permission from the competent authorities in the development restriction zone, and changed its form and quality.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on April 14, 2016, the Defendant issued a corrective order to reinstate the original state by May 17, 2016 with respect to the act of changing the form and quality as described in paragraph 1 from the Gwangju metropolitan market, but failed to comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against C or D;

1. Written accusation, location map, and on-site photographs;

1. Application of Acts and subordinate statutes to the original restoration order;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for the Designation of Areas subject to Restriction on Development; and the Selection of fines;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;