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(영문) 의정부지방법원 2017.05.10 2017고단953

개발제한구역의지정및관리에관한특별조치법위반

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in an area where development activities are restricted without permission from the competent authority;

Nevertheless, on December 2, 2014, the Defendant changed the form and quality of land as a breeding dog by installing 5 dogs and raising 3 mags without permission from the competent authorities in the area of forest land owned by D in Nam-si, Namyang-si, which is a zone subject to the development restriction of police officers.

(b) The head of a Si/Gun/Gu who fails to comply with a corrective order may order a person who constructs a building, alters the use of a building, installs a structure, changes the form and quality of land, etc. without obtaining permission, in violation of any terms and conditions of permission, to suspend construction, to remove, close, or rebuild buildings, structures, etc., or to take other necessary measures within a given period, and

Nevertheless, even though the Defendant received a corrective order to the effect that “one container with a size of 18 square meters newly constructed as a warehouse located in C” sent under the name of the F business trip on July 21, 2015 at the Defendant’s residence located in Nam-si, Namyang-si, Seoul, around November 18, 2016, the Defendant failed to comply with the corrective order, despite the receipt of the notice.

2. No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting down bamboo and trees, dividing land, piling-up articles, etc. shall be performed in a zone where Defendant B is restricted from development without permission from the competent authority;

Nevertheless, on December 2, 2014, the Defendant changed the form and quality of land as a breeding ground by installing approximately 628 square meters of forest land owned by D and Defendant B, without permission from the competent authorities, in a manner of raising 2 mags of forest land in Nam-si, Nam-si, Nam-si, a development restriction zone for police officers, and in a manner of raising 2 mags.

Summary of Evidence

1. Defendants’ respective legal statements 1.