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(영문) 수원지방법원 성남지원 2014.09.25 2014고단881

개발제한구역의지정및관리에관한특별조치법위반

Text

1. The defendant shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

1. No one shall construct a building or alter its use, install a structure, change the form and quality of land in a development restriction zone without obtaining permission from the competent authority or in violation of any permission granted;

On December 30, 2013, the Defendant obtained a building permit with the purport of building a polysene structure greenhouse on the land of the Sinnam-si, D, and E, which is a development restriction zone, and constructed three boxes of warehouse structures (28.56 square meters each floor area, 240.12 square meters, 240.32 square meters, 215.32 square meters) by converting the roof and wall from polysenetet to a sandd position panel.

2. The Defendant, on January 8, 2014, did not comply with the corrective order without justifiable grounds, even though he/she received an order to reinstate from the subordinate market up to February 10, 2014 with respect to construction activities identical to that described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

2. A written investigation of violation;

3. Corrective order;

4. On-site photographs.

5. Each ordinary building ledger;

6. Each land register;

7. Application of the Acts and subordinate statutes of each land use planning confirming agency;

1. Article 31 (2) 1 of the Act on Designation and Management of Areas of Restricted Development and Article 31 (2) of the same Act concerning facts constituting an offense, Article 12 (1) (proviso) of the Act on Designation of Areas of Restricted Development and the Management of Areas of Restricted Development and Article 32 (2) 2 of the Act on Designation and Management of Areas of Restricted Development and Article 30 (1) of the same Act shall apply

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (excluding fines on two occasions, in consideration of the fact that there are no previous convictions other than fines, and elderly persons);