A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner of Daegu North-gu B, which is a development restriction zone.

1. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones (the occupation of an unauthorized building and alteration of form and quality of land) shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods, etc. in a development restriction zone, and any person who intends to construct a building or install a structure prescribed by Presidential Decree and change the form and quality of land following such construction or installation shall obtain permission

그럼에도 불구하고 피고인은 관할관청의 허가를 받지 아니하고, 2016. 3.경부터 2017. 12.경까지 사이 일자불상경 개발제한구역인 위 B 임야에, 면적 15㎡의 컨테이너, 면적 27㎡의 계사(鷄舍), 면적 5㎡의 견사(犬舍)를 각각 건축하고, 면적 82㎡ 규모로 땅바닥에 콘크리트 포장을 하였다.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities, and changed the form and quality of land.

2. Where the head of a Si/Gun/Gu finds any act of constructing a building, altering its use, installing a structure, changing the form and quality of land, etc. in a development restriction zone without obtaining permission, in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones (the violation of an order for correction), he/she may order the relevant violator to suspend the construction, to remove, close, rebuild or relocate the buildings, structures, etc., or to take other necessary measures within a reasonable period

Nevertheless, on November 13, 2019, the Defendant removed the above container and the above concrete package from the office of the Defendant located in the North-gu Seoul Metropolitan City, Daegu Metropolitan City, by November 25, 2019 from the head of the Gu North-gu, Daegu Metropolitan City.