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(영문) 수원지방법원 성남지원 2018.05.30 2016고단3423
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who constructs a building or alters the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without permission from the competent authority, or who commits an act in violation, or the owner of land used for such violation, shall comply therewith, if the competent authority orders the suspension of construction, or removal, closure, reconstruction or relocation of buildings, structures, etc., or other necessary measures.

Nevertheless, on June 16, 2016, the Defendant was issued a corrective order to change the form and quality of the land of 1,030.17 square meters in the form and quality by creating a garden, land of 1,030.72 square meters in the site, 3 square meters in the site, 99.72 square meters extended for the boiler room, 18 square meters in the 199.72 square meters in the 199.72 square meters in the shape and quality by means of creating a garden, buildings extended for the storage purpose, 10 square meters in the 10 square meters in the shape and quality, buildings extended for the storage purpose, 30 square meters in the 10 square meters in the living room, buildings extended for the living room, buildings with the passenger voting glass building of 30 square meters in the 30 square meters in the space, buildings extended for the interior, buildings of 43.5 square meters in the size of 43, 90 square meters in the width, 251 square meters in the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written Statement;

1. Application of Acts and subordinate statutes to written investigations of offenses, on-site photographs, and corrective orders;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Stations for Development of Relevant Article 32 and Article 30 Subparag. 1 and the proviso to Article 12(1) of the same Act concerning facts constituting an offense, the selection of imprisonment or imprisonment;

1. Although there was a record of punishment for a violation of the past corrective order for the reason of sentencing under Article 62(1) of the Criminal Act, the crime of this case, which failed to comply with the original restoration order, does not mean that the legislative intent of the relevant law, which seeks to prevent urban disorderly expansion and to preserve the natural environment surrounding the city, has been repeatedly impaired.

However, the defendant makes a confession of the crime late and reflects it.

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