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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction;
Nevertheless, on October 2017, the Defendant constructed a steel pipe structure with an area of 70 square meters in size equipped with a wooden balcony of 80 square meters in Busan-gun, Busan-gun, which is a zone subject to the restriction on development, without obtaining permission from the competent administrative authority, and used it for a resting purpose.
2. The head of a Si/Gun/Gu may issue a corrective order where a building is constructed, altered its use, changes the form and quality of land, etc. without obtaining permission, or in violation of any terms and conditions of permission, and the person in receipt of
Nevertheless, on January 8, 2018, the Defendant issued a corrective order to remove the buildings specified in paragraph (1) and restore the land to its original state by setting a reasonable period from the number of plane captain units, but did not comply with it without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A E-document;
1. Application of Acts and subordinate statutes to the accusation place, on-site photographs, corrective orders, investigation reports (verification of details of new buildings);
1. Article 32 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts; the proviso to Article 12(1) (unauthorized construction within the development restriction zone) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Articles 32 subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; and the choice 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. The reason for the instant crime of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime did not comply with the corrective order to construct the building without obtaining permission within the development restriction zone and remove the building and restore the land to its original state.