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(영문) 수원지방법원 성남지원 2014.06.11 2014고단635
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No one shall construct a building or alter the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. within a development-restricted zone without permission, such as changing the form and quality of a building and quality;

Nevertheless, on July 5, 2013, the Defendant: (a) performed a work to set the land on a lease of 32,264 square meters inHanam-si, a development-restricted zone without permission from the competent authority; and (b) performed an act to alter the form and quality of the land and to store the goods using a large quantity of containers as a logistics warehouse.

2. The Defendant, who failed to comply with the corrective order, failed to comply with the order, without justifiable grounds, despite having received from the subordinate market around July 17, 2013 an order to correct the above violation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (the occupation of changing the form and quality of land and piling up goods), Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) (the occupation of non-performance of orders for reinstatement) of the Act on Special Measures for Designation and Management

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act for the restoration to original state late following the defendant;

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