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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1055

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, etc. in a development restriction zone shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority on December 10, 2014, performed a flat work that sets the ground on the land of 8,300 square meters of Hanam-si Forest Land, Hanam-si, which is a development-restricted zone, using a cutter, and conducted an act changing the form and quality of land, such as damaging trees.

2. The competent authority may issue a corrective order to construct an unauthorized building, change the form and quality of land, etc. within a development restriction zone, and a person in receipt of such corrective order shall comply therewith.

Nevertheless, the Defendant did not comply with the corrective order issued on December 17, 2014 to restore the land form and quality to its original state by January 20, 2015 with regard to the act of changing the form and quality of the land as described in paragraph (1) from the subordinate market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. A written corrective order;

1. A written investigation of violation;

1. A summary floor plan;

1. On-site photographs;

1. Land cadastre;

1. A land use plan;

1. Application of statutes on cadastral map;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 32 subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and selection of fines (see, e.g., that the defendant is against himself/herself, has returned to the original state, has no record of criminal acts

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;