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(영문) 수원지방법원 성남지원 2017.12.21 2017고단2349
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on July 2015, the Defendant changed the form and quality of a forest with a size of 826 square meters in the area of a site using the method of converting the land into land without obtaining permission from the competent authority, and installed a container with a size of 18 square meters in the above forest around October 2016.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, even if the Defendant received a corrective order to reinstate the act as described in paragraph (1) from the subordinate market around June 5, 2017 to July 2, 2017, the Defendant did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to evidential materials (land register, certificate of land use plan, etc.), corrective orders, and present status of sending corrective orders;

1. 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 the Designation and Management of Areas subject to Restrictions on Development, Article 12 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for Designation of Areas subject to Restriction on Development, and Selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is against the defendant, the fact that the defendant has restored to the original state, and the first fact that the defendant is a criminal;

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