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(영문) 수원지방법원 성남지원 2016.05.13 2015고단3056
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

A is the husband of F, who is the owner of the land D, E, and the greenhouse on its ground, which is the development restriction zone, who actually manages the greenhouse.

1. Any person who intends to construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, etc. in an area subject to development restriction, such as without permission within the development restriction zone, shall obtain permission from the competent authority;

Nevertheless, on August 2012, the Defendant: (a) laid down concrete of a size of 600 square meters on the foregoing D floor; (b) changed the form and quality of the land; (c) replaced the two walls of the above D ground greenhouse structure with the board structure; and (d) leased two buildings to G and H around February 2014; (b) changed the use of the said greenhouse to the singular workplace and the freezing storage of dry fish products; and (c) changed the form and quality of the land by building concrete of a size of 917.53 square meters on the above E floor on April 2014; and (d) changed the shape and quality of the land by using concrete of a size of 917.53 square meters on the above E floor; and (e) changed the plastic structural wall of one unit into the board structure; and (e) changed the use to the warehouse.

2. The head of a Si/Gun/Gu who fails to comply with a corrective order may take necessary measures, such as removal of buildings, where any unauthorized construction, alteration to form and quality, etc. is discovered without permission from the competent administrative agency, and the person in receipt of such corrective order shall comply therewith.

Nevertheless, on February 4, 2015, the Defendant did not comply with the corrective order to reinstate the same illegal act as stated in paragraph (1) of the criminal facts from the subordinate market around February 4, 2015 to March 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. A written statement of I;

1. A written accusation;

1. Corrective order;

1. A statement of investigation of offenses;

1. A summary ground plan;

1. Building ledger;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Development and the Selection of Punishment for Criminal Facts and Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for the Designation of Areas subject to Restrictions on Development and the Designation of Areas subject to Restriction on Development and Building

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