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(영문) 수원지방법원 성남지원 2018.01.18 2017고정1647
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. in a zone subject to development restriction, without permission from the competent authority, in such zones;

On September 2016, the Defendant newly constructed a plastic house with 75 square meters in forests and fields, without permission from the competent administrative authority, in order to set up farming houses in Hanam-si, which is a zone subject to the restriction on development of a forest, and installed pents structures in 22.5 square meters in forests and fields.

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 obtaining permission from the competent authority which fails to comply with a corrective order, shall comply with such order, if the competent authority orders the suspension of construction, or removal, closure, reconstruction or relocation of buildings, structures, etc., or other necessary measures with regard thereto;

Although the Defendant received a corrective order to reinstate the same illegal act as described in paragraph (1) from the subordinate market around November 11, 2016, by December 8, 2016, the Defendant failed to comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Statement made by the police with H;

1. A written statement of I;

1. The order for correction;

1. Application of forest register, land register, and written confirmation for land use plan Acts and subordinate statutes;

1. Relevant 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 Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the point of permitted development activities within the development restriction zone), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30(1)1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, each of the options of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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