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(영문) 수원지방법원 성남지원 2016.06.01 2016고단284
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of land B and buildings on the ground in the south-si where the development restriction zone is the development restriction zone.

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, the Defendant, without obtaining permission from the competent authorities on August 2015, laid down concrete of a size of 636 square meters on the B floor above, and replaced the plastic structure wall of a room of a size of 318.68 square meters on that ground to a panel structure, changed the height of the wall into a warehouse, used it as a warehouse, and extended the annexed warehouse of a size of 14.24 square meters.

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, the Defendant did not comply with the corrective order issued on August 19, 2015 to reinstate the same illegal act as stated in paragraph (1) of criminal facts from the subordinate market around August 19, 2015 to the original state until September 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A statement of investigation of offenses;

1. Corrective order;

1. The general building ledger;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Punishment; Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Punishment; Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for the Designation of Areas subject to Restriction on Development of Punishment; and Selection of Imprisonment

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 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Code of the community service order is to prevent urban disorderly expansion and its surrounding areas.

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