beta
(영문) 의정부지방법원 2016.11.29 2016고단3666

개발제한구역의지정및관리에관한특별조치법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On December 11, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for violating the Act on Special Measures for Designation and Management of Areas of Restricted Development and on December 19, 2015, and was still under probation after the said judgment became final and conclusive on the 19th day of the same month, and was operating a general restaurant in the name of “F” in the vicinity of the Namyang-si

1. A person who commits a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones against land in a development restriction zone is subject to a corrective order issued by the competent authority on the ground of such violation. However, on October 1, 2015, the Defendant violated a corrective order on the ground that he/she did not implement the corrective order for the violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, even though he/she received a written corrective order from the Namyang market on October 19, 2015 from a general restaurant of “F” near the above E, on the ground of an act of development restriction in a development restriction zone without permission in the development restriction zone, despite

2. Violation of the Food Sanitation Act;

A. On April 11, 2016, the Defendant was issued a disposition to suspend the business of the above general restaurant for 15 days from May 2, 2016 to May 16 of the same month on the ground of the voluntary change of the place of business from the Namyang Broadcasting Service. < Amended by Presidential Decree No. 27180, May 2, 2016>

5. By the 16th day, “F” general restaurants were operated in the vicinity of the above E.

Accordingly, the defendant continued to operate his business in violation of the business suspension order.

B. On June 16, 2016, the Defendant continued to operate the said general restaurant in the vicinity of the E, even though he/she received a disposition of closure of the place of business on July 6, 2016, on the ground that he/she violated the order of business suspension as seen in the foregoing paragraph (a), and continued to operate the said general restaurant, from July 6, 2016 to July 15, 2016.

Accordingly, the defendant continued the business in violation of the order to close down the business.

Summary of Evidence

1...