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(영문) 의정부지방법원 2017.05.24 2017고단1262
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the owner of land B and a building on the ground (or animal and plant facilities) in Guri-si.

1. Any person who intends to construct a building, change the purpose of use, or change the form and quality of land in a zone, the use of which is restricted without permission, shall obtain permission from the competent authority;

Without permission from the competent authority on August 2016, the Defendant laid down concrete on the floor of two animal and plant-related facilities (a seed distribution facility) with a size of 247.2m2m2 on the ground of Guri-si, a zone subject to development restriction (around 2016) and changed the purpose of use into a warehouse, and changed the form and quality of land by putting the area of 485m2m2 around the warehouse into concrete.

2. On September 23, 2016, the Defendant, in violation of the corrective order, received the first order for corrective measures and the first order for restoration from the original state within 15 days from the date of service at the Defendant’s office located in the Guri-si, the Defendant received a corrective order and the second second order for corrective measures and restoration from the development restriction zone under the name of the Guri-si market to restore to the original state within 10 days from the date of service at the same place on November 4, 2016, and received a second order for corrective measures and restoration from the original state to the development restriction zone under the name of the Guri-si market to restore to the original state within 30 days from the date of service at the same place on December 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation reports on illegal acts, overall table of building register, land use plan, primary guidance, second guidance, business trip name, demands for implementation of each corrective order, notices about the imposition of compulsory payments, entries in the current status of delivery of registered mail, and application of video-related Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Punishment and the proviso to Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development;

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