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(영문) 수원지방법원 성남지원 2017.10.13 2017고단1945

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the owner of the revised forest land B in Sungnam-gu, Sungnam-si, which is a development restriction zone.

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, store goods, etc. within a zone subject to development restriction without permission, and where the relevant violator is ordered to remove, close, rebuild or relocate buildings, structures, etc., or take other necessary measures from the competent authority, the relevant corrective order shall be issued.

1. In order to lease the said B forest and field as a workplace without obtaining permission from around November 2016, the Defendant, without permission, installed a structure 225m2 in a site equivalent to 18m2, which is a structure. The Defendant changed the form and quality of land by installing a container, which is a temporary building, on a site equivalent to 18m2, and building a gravel on a site equivalent to 1,035m2.

2. Non-compliance with corrective orders;

A. On February 7, 2017, the Defendant did not comply with the corrective order issued by the head of the Gu to reinstate the same violation as paragraph (1) to the original state by February 24, 2017 at the place of residence located in Seongbuk-gu, Sungnam-si.

B. On April 6, 2017, the Defendant did not comply with the corrective order issued by the head of the Gu to reinstate the same violation as paragraph (1) by May 3, 2017 at the place of residence indicated in the said paragraph, even though he/she received the corrective order from the head of the Gu to reinstate the same violation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Each corrective order;

1. Land use planning confirmation personnel;

1. Application of the location map and statutes on site photographs;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment, the proviso to Article 12(1) (unauthorized construction or alteration of form and quality), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Articles 30(1) (the occupation of non-compliance with time

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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