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(영문) 수원지방법원 성남지원 2016.10.26 2016고단828
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

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 in a development restriction zone shall obtain permission from the competent authority.

1. On September 2015, the Defendant changed the form and quality to a garden, such as planting turfs on forest land 1,092 square meters, without obtaining permission from the competent authority, from G in the Hanam-si, Gyeonggi-si, which is a development restriction zone.

2. Around December 2015, the Defendant changed the form and quality of a road to a road in a place specified in paragraph (1), which is a development restriction zone, without obtaining permission from the competent authority, by using concrete on a forest land of 234 square meters without obtaining permission from the competent authority.

3. Around December 2015, the Defendant installed a waiting room in a size of 15 square meters using steel pipes without obtaining permission from the competent authority, at a place specified in paragraph (1), which is a development restriction zone.

4. Around December 2015, the Defendant extended the 169.62 square meters of underground floors for the purpose of the office, for a kitchen, warehouse, 15 square meters of 148.81 square meters of 1st floor for the purpose of kitchen, warehouse, and 3th floor 62.76 square meters of 162 square meters of 4th floor for the purpose of restaurant, without obtaining permission from the competent administrative agency. The Defendant extended the 169.62 square meters of 4th floor for the purpose of restaurant, respectively, by using reinforced concrete for restaurant purposes.

5. Around December 2015, the Defendant changed the 56.75 square meters of the third floor from the residential use to the restaurant, without obtaining permission from the competent authority, from the building indicated in paragraph (4) located in a development restriction zone.

6. On December 2015, the Defendant changed the form and quality of gravel into a sub-subsidiary parking lot, without obtaining permission from the competent authority, from Gyeonggi-si, Gyeonggi-do, which is a development-restricted zone, and without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, written statement, written investigation of offenses, corrective order, and current status photograph;

1. Subparagraph 1 of Article 32 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development Concerning Facts of the crime;

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