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(영문) 수원지방법원 성남지원 2017.02.08 2016고단3370
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who constructs a building, alters the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone which has not been permitted by a competent authority, shall comply with an order issued by the competent authority to suspend construction, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard to such order.

Nevertheless, on April 7, 2016, the Defendant issued a corrective order to reinstate the forest of 579.84 square meters whose form and quality are changed to a garden by not later than May 10, 2016, even though the Defendant was issued a corrective order to reinstate the forest of 115 square meters, which was newly constructed for residential purposes, in Gyeonggi-si, Hanam-si, a development-restricted zone from the Sinnam-si, which is a development-restricted zone, without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 and Article 30(1)1 and the proviso to Article 12(1) of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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