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(영문) 수원지방법원 성남지원 2016.06.01 2016고단122
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of the D land and the building on the ground that is the development restriction zone.

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone without permission within the development restriction zone shall obtain permission from the competent authority;

Nevertheless, on July 20, 2015, the Defendant, without obtaining permission from the competent authority, changed the greenhouse of the size of 879.81 square meters on the D above D above to the sales panel structure from the sales panel structure to the warehouse, and used it as a warehouse, etc., without permission and alteration of the form and quality of land within the development restriction zone as shown in the attached list of crimes.

2. The head of a Si/Gun/Gu who fails to comply with a corrective order may take necessary measures, such as removal of buildings, where any unauthorized construction, alteration to form and quality, etc. is discovered without permission from the competent administrative agency, and the person in receipt of such corrective order shall comply therewith.

Nevertheless, on August 12, 2015, the Defendant issued a corrective order to reinstate the same illegal act as described in paragraph (1) from the subordinate market to September 20, 2015, but did not comply therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. A statement of investigation of offenses;

1. Corrective order;

1. For the purpose of perusal of the register, and for dry copies: 1. Application of current status photograph Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for the 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 the Designation and Management of Areas subject to Restrictions on Development, Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for the Designation of Areas subject to Restriction on Development, and Selection of Imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A zone of development restriction of reasons for sentencing under Article 62-2 of the Criminal Act of the community service order is designated to prevent any disorderly expansion of cities and to preserve the natural environment surrounding cities.

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