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(영문) 수원지방법원 성남지원 2016.04.29 2016고단66
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of a parcel of land and a building on the land outside D in the Hanam-si, the development restriction zone.

1. No one shall construct a building, change the purpose of use, change the form and quality of a building, etc. in a development-restricted zone without obtaining permission from the competent administrative agency;

Nevertheless, on October 2014, the Defendant changed the surface of the wall from Bosch Rexroth to the board, extended the height of each greenhouse room by 2 meters, and changed the form and quality of the land by putting concrete on the floor of the land category, the land category of which is "the answer", in order to use three greenhouse rooms of the size of 893.1 square meters on the ground of Donnam-si and 2 parcels of land as general warehouse.

2. Any person who fails to comply with a corrective order must comply with any request from the competent authority for a corrective order with respect to illegal construction, change of use, or change in form and quality.

Nevertheless, the Defendant issued a corrective order to reinstate the original form and quality change from the subordinate market to December 10, 2014 on or around November 10, 2014; the Defendant issued a corrective order to reinstate the original form and quality change until December 20, 2014; the Defendant issued a corrective order to reinstate the original form and quality change from November 21, 2014 to December 20, 2014; and the Defendant did not comply with the corrective order to reinstate the original form and quality change until January 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A statement of investigation of offenses;

1. Corrective order;

1. The general building ledger;

1. Application of Acts and subordinate statutes governing status photographs;

1. Relevant Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the point of unauthorized Alteration of Use within Areas subject to Restriction on Development), Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Articles 30 (1) (the point of non-compliance with the time order) and selection of imprisonment, respectively;

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 stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. The community service order under Article 62-2 of the Criminal Act

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