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(영문) 수원지방법원 성남지원 2016.09.21 2016고단1956
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

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;

A. On November 2013, 2013, the Defendant changed the form and quality by packing concrete on the 210 square meters of forests and fields, without obtaining permission from the competent authorities.

B. On November 2013, 2013, the Defendant changed the form and quality by packing concrete on the 90 square meters of forests and fields, without obtaining permission from the competent authority.

(c)

On November 2013, the Defendant changed the form and quality of the forest on the surface of 600 square meters in Hanam-si, G, E, and F, which is a development restriction zone, without obtaining permission from the competent authorities.

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;

A. On October 11, 2013, the Defendant issued a corrective order to reinstate a forest with a size of 300 square meters in size and shape and quality changed in the form and quality by packing a concrete package without obtaining permission from the competent administrative agency, and a forest with a size of 600 square meters in size and/or tin in the form and quality changed by the method of covering the forest with a size of 300 square meters in size and/or tin, even though the Defendant received a corrective order to reinstate the forest with a size of 600 square meters by November 20, 2013.

B. On April 14, 2014, the Defendant: (a) at Hanam-si, a development-restricted zone from the Hanam-si market; (b) installed a new warehouse without obtaining permission from the competent authority; and (c) installed a plastic board of 120 square meters, which is a residential purpose; (b) a steel pipe plastic building of 90 square meters, which is for farming use, and a steel pipe of 12 square meters, which is for the boiler room.

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