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(영문) 수원지방법원 성남지원 2014.09.03 2014고단1414
수도법위반등
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. Any person who intends to excavate, fill up, or change the form and quality of land in a water-source protection zone shall obtain permission from the competent authority;

Nevertheless, on December 2013, the Defendant cut and filled up the land of 3,207 square meters in 6 lots located in Gwangju City, D, E, F, G, and H, which is a water source protection area, without obtaining permission from the competent authority, and changed the form and quality of the land.

2. Any person shall obtain permission from the competent authority to construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods in a development restriction zone;

Nevertheless, on December 2013, the Defendant cut and filled up six lots of land indicated in Paragraph 1, which is a development restriction zone, without obtaining permission from the competent authority, and changed the form and quality of the land.

3. On February 5, 2014, the Defendant did not comply with a corrective order without justifiable grounds, even though he/she received a corrective order to reinstate from the south-west-west captain who was delegated by the Gwangju City Mayor by March 4, 2014 for changing the form and quality of the land as described in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and J;

1. Each accusation;

1. Illegal management cards in development restriction zones;

1. All on-site photographs;

1. Restoration order of a development restriction zone tort;

1. Application of Acts and subordinate statutes to urge the restoration of illegal acts in development restriction zones and notify correction thereof;

1. Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act and Article 7 (4) of the same Act concerning facts constituting an offense; Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones and the proviso to Article 12 (1); Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Articles 30 (1);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act, between violations of the Water Supply and Waterworks Installation Act and the violation of the Act on Special Measures for Designation and Management of Development Restriction Zones due to changes in the form and quality, and the punishment shall be more severe;

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