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(영문) 수원지방법원 성남지원 2016.02.17 2015고단1544
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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

On March 12, 2015, the Defendant performed an act of changing the form and quality of land, such as (i) gathering land on a surface of 6,051 square meters in total, 6,051 square meters in Hanam-si, C, D, E, F, G, H, I, J, and K, which is a development restriction zone, without obtaining permission from the competent authority, and (ii) piling up containers on that part.

2. Where the head of a Si/Gun/Gu finds any change in the form and quality of land in a development restriction zone without permission, he/she may issue a corrective order to the violator, and the person in receipt of such corrective order shall comply therewith;

On March 30, 2015, the Defendant did not comply with the corrective order, even though the Defendant received the corrective order to restore the form and quality of the land as stated in paragraph (1) to its original state by April 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Corrective order;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for the Designation of Areas subject to Restriction on Development; and Article 30 Subparag. 1 of the

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 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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