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(영문) 수원지방법원 성남지원 2016.11.18 2016고단2765

개발제한구역의지정및관리에관한특별조치법위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Notwithstanding the fact that no one commits an act, such as construction of a building, alteration of the purpose of use, installation of a structure, alteration of the form and quality of land, division of land, etc. in a development restriction zone without obtaining permission from the competent authority, the Defendant, on March 3 to 4, 2015, without obtaining permission from the competent authority, newly constructed one unit of a container with a size of 54 square meters and one unit of a steel-frame structure with a size of 70 square meters in the B site located in Gyeonggi-si, Gyeonggi-si, which is a development restriction zone, without permission, at the same time, from June 201 to February 16, 2016.

2. The violation of the corrective order;

A. On March 21, 2016, the Defendant did not comply with the corrective order without justifiable grounds, even after the receipt of the notice stating the order that “the restoration to the original state by April 20, 2016,” with respect to the act of creating a camping site through the unauthorized construction of new materials and the loading of construction materials in the site B as described in paragraph (1) from the subordinate market in Songpa-gu Seoul Metropolitan City around March 21, 2016. However, the written indictment on April 25, 2016 was deemed as the date of April 20, 2016. However, the Defendant modified and recognized it as having no special obstacle to defense. On the other hand, the Defendant did not comply with the corrective order regarding the act of creating a camping site through the loading of construction materials, etc. in the downstream market and D site as above.” The Defendant received the notice stating the order, and did not comply with the corrective order without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written accusation;

1. Each written investigation of offenses and each corrective order;

1. Land cadastre, cadastral map, and land use planning confirmation personnel;

1. Application of Acts and subordinate statutes governing current status photographs;

1. Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting an offense shall be permitted;