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(영문) 창원지방법원 2016.04.27 2016고정139
개발제한구역의지정및관리에관한특별조치법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner of B forest land B in Kimhae-si, which is a development restriction zone, 13,822 square meters.

Where a person intends to construct a building, change the purpose of use, install a structure, change the form and quality of land in a zone subject to development restriction, he/she shall obtain permission from the competent authority, and a person who violates such permission shall comply with a corrective order issued

1. Around November 2013, the Defendant installed a reduction pipe with a steel pipe structure of 84 square meters in size without obtaining permission from the competent authority on the forest and fields on the land.

2. On November 2014, the Defendant changed the form and quality of land by packaging the bottom of the line screening floor specified in paragraph 1 as concrete, without obtaining permission from the competent authorities, on the above forest and field.

3. On June 2015, the Defendant received a corrective order from the Kimhae-si, Kimhae-si, 106 Dong 1003 to July 24, 2015, to reinstate the concrete packages as stated in paragraph (1), and from the Kimhae-si, the Defendant issued a corrective order from the Kimhae-si, the Defendant’s residence to July 24, 2015, to reinstate the concrete packages as stated in paragraph (2), and on August 10, 2015, the Defendant failed to comply with the corrective order from the Kimhae-si market to August 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of illegal acts, public officials' supplementary statements, demands for implementation of corrective orders, notification of corrective orders, submission of opinions, and the application of statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Punishment for Criminal Facts and Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on the Selection of Specific Development (the installation of unauthorized structures and changes in the form and quality of land, the occupation of fines), the proviso to Article 12(1) (the selection of fines), Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development and Measures for the Designation

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 59(1) of the Criminal Code of the Suspension of Sentence (limited to one criminal defendant who has been punished by a fine for this species, and the criminal record has been committed not later than 18 years.

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