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(영문) 수원지방법원 성남지원 2017.11.14 2017고단1156
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

A person who commits a violation of restrictions on activities in a development-restricted zone on land shall comply with a corrective order issued by the competent authority.

The Defendant: (a) was the person who occupied the land outside C and six parcels in the development restriction zone; (b) constructed a 73.5 square meter, fenced 73.5 square meter, fenced 275 square meter, etc. from around 2011 to around 2014, without obtaining permission for development activities in the above C and six lots; (c) newly constructed a residential cargo house, 54 square meter, warehouse 9 square meter, etc.; and (d) changed the form and quality of a road, such as building a road by spreading a 345 square meter in a sidewalk block.

Therefore, even though the Defendant was issued a corrective order under the name of the head of Hanam-si to restore the form and quality of a violation that was changed from his own house located in D around November 11, 2016 to its original state by December 8, 2016, the Defendant did not comply with the corrective order until December 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. E statements;

1. A statement of investigation of offenses;

1. Corrective order;

1. Registers of each land and certificates of land use plans;

1. Investigation reports (prior convictions and confirmations) and application of statutes of the judgment;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor) and Article 30 (1) of the same Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) is not implemented even though the defendant was ordered to take corrective measures against the construction of a structure in a development-restricted zone without permission from the competent authority. In light of the content of the crime and the method of the crime, it is significant that the crime is committed and the crime is committed. In particular, the defendant already committed the crime of this case on January 9, 2015, even though he was sentenced to the suspended sentence for 6 months after he was sentenced to the suspended sentence for 2 years on the grounds of non-performance of corrective measures against the same violation.

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