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(영문) 수원지방법원 2018.04.12 2018고정276
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, divide land, store articles, cut bamboo and trees, etc. in a zone where restrictions on activities are imposed, without obtaining permission from the competent authority;

The Defendant changed the form and quality of the above land without obtaining permission from the competent authority from March 2017 to June 2017, the Defendant changed the form and quality of the land, such as filling-up, cutting, and suspending the above land, without obtaining permission from the competent authority, from March 2017 to June 2017.

2. A zone in which corrective measures are not implemented shall not construct buildings, change the purpose of use, install structures, change the form and quality of land, subdivide land, store articles, cut bamboo and trees, etc. without obtaining permission from the competent authority, and where a violation is discovered, the competent authority may order the violator, such as the owner of land used for the violation, to take necessary measures within a reasonable period;

The Defendant committed a violation, such as changing the form and quality of the instant land without obtaining permission from the competent authorities, and ordered the Defendant to correct the violation by October 30, 2017, as the Defendant was a person who violated the law, around August 4, 2017.

Nevertheless, the defendant did not comply with the above corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a investigation report (a public notice related to notification of time suspension orders and submission of documents related thereto);

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Activities in Development Restriction Zones, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Activities in Development Restriction Zones (the violation of Restrictions on Activities in Areas subject to Restrictions on Activities in Development Restriction Zones), Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development Restriction Zones, and the selection of fines, respectively;

2. Aggravation of concurrent crimes.

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