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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3201
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10 million won.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to carry out an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up goods, or piling up goods in a zone subject to development restriction under the Special Measures for the Designation and Management of Areas subject to development restriction (1) shall obtain permission from the competent authority;

Nevertheless, on July 2016, the Defendant installed two containers of 30 square meters in total for the purpose of the rest room without obtaining permission from the competent authorities, and installed two containers of 30 square meters for the purpose of the rest room in order to operate the corporation B without obtaining permission from the competent authorities.

Accordingly, the Defendant installed structures in the development restriction zone for profit-making purposes without obtaining permission from the competent authorities.

2) A 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 the permission of the competent authorities shall comply with the order of the competent authorities to suspend construction, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures.

Nevertheless, the Defendant, even though issued a corrective order to restore sand plices as described in paragraph 1-A from the subordinate market around August 17, 2016, to its original state by August 25, 2016, did not comply with the corrective order.

(b) A person who intends to crush rocks, sand, or gravel in violation of the Aggregate Extraction Act shall report thereon to the competent authorities;

Nevertheless, from September 12, 2015 to September 6, 2016, the Defendant, without reporting to the competent authority, installed a aggregate crushing machine of 250 maths and crushed sand in a monthly average of 5,000 cubic meters.

(c)

Any person who violates the Conservation Act of the atmospheric environment and the Noise and Vibration Control Act shall report to the competent authorities on any person who intends to install the emission facilities of air pollutants or noise and vibration emission facilities.

Nevertheless, the Defendant.

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