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(영문) 의정부지방법원 2015.07.16 2014고단4498
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates F in the E, etc. of Namyang-si.

No building or alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, deforestation, partition of bamboo and trees, stockpiled goods, or an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act shall be performed for profit without obtaining permission from the competent authority in a development-restricted zone, or where any violation is discovered, such permission may be cancelled, and a corrective order may be issued to the violator, etc. concerning the suspension of construction, or removal, closedown or relocation of buildings, structures, etc., or other necessary measures within a reasonable period fixed.

1. Nevertheless, even though construction, alteration of form and quality, etc., the Defendant extended the exhibition room on the above site around winter and winter around 201, and extended the display room and changed the form and quality for profit as indicated in the [Attachment Table Nos. 1, 2, 7, and 14] from that to that of the day from that time, from that time, for profit.

2. On July 15, 2014, the Defendant, who did not comply with the corrective order, received “written corrective order within a development-restricted zone” from the Namyang City Mayor, the competent authority, to restore to its original state the illegal act stated in the attached list of crimes, but did not comply with the corrective order within the implementation period.

Accordingly, the defendant did not comply with the corrective order of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Orders to correct offenses in development restriction zones;

1. A written investigation of violation;

1. Current status photographs;

1. Building register and land cadastre;

1. Application of Acts and subordinate statutes governing the promotion of correction and imposition of charges for compelling compliance;

1. Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12(1) proviso (a) of the Act on Special Measures for Designation of Areas of Restricted Development and Special Measures for Criminal Facts and Selection of Punishment, and Special Measures for Designation and Management of Areas of Restricted Development;

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