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(영문) 울산지방법원 2019.11.21 2019고단3178
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

Where the head of a Si/Gun/Gu finds any construction of a building or any act of altering the purpose of use in a development restriction zone, he/she may order the relevant actor to suspend construction, or remove, close, rebuild or relocate the building, structure, etc. within a reasonable period, or take other necessary measures, and the relevant actor shall comply with the order

From October 2016 to May 16, 2017, the Defendant newly constructed 23 breeding farms in Yangsan-si B, a development-restricted zone, and constructed a building in a development-restricted zone, and created toilets by extending a manager (area 31.5 square meters) constructed in the same place, and used them as housing.

On December 28, 2018, the Defendant failed to comply with the corrective order, even though it received an order from the Yangsan market to “the restoration order by January 31, 2019, for an illegal act committed within a development restriction zone B” from the Yangsan market, which was “the restoration order by January 31, 2019.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a charge (including attached documents);

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and the choice of imprisonment (no correction shall be made even when an order to correct the same offense is issued despite

1. Article 62 (1) of the Criminal Act;

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