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(영문) 수원지방법원 안양지원 2017.03.31 2016고단1608
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. No one shall construct a building, install a structure, change the form and quality of land, or engage in any other activity without permission from the head of a Si/Gun/Gu in a zone subject to changes in the form and quality of a building or restriction

Nevertheless, on December 18, 2015, the Defendant changed the form and quality of approximately KRW 1,320 square meters for the purpose of planting landscape around 18, 2015. On July 7, 2016, the Defendant constructed two plastic greenhouses of steel pipe tanks of approximately 120 square meters in total on the ground of the above forest.

2. On January 4, 2016, the Defendant, who failed to comply with the corrective order without justifiable grounds, even after having received the notice stating the order to reinstate the original state by February 12, 2016, with respect to an act of changing the form and quality stated in the foregoing paragraph (1) from the Siking market.

Summary of Evidence

1. Statement by the defendant in court;

1. The written accusation, written statement, location map, on-site photograph, written confirmation of a land use plan, written statement of each business trip, each current status photograph, corrective order and application of statutes on site inspection photographs to illegal acts within each development-restricted zone;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1) of the Act on Special Measures for Designation of Areas subject to Restriction on Development, and Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the choice of imprisonment, respectively;

1. Sentencing of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Punishment : The fact that a vinyl house is additionally constructed without correcting an illegal act even though it was ordered to correct a significant amount of unauthorized change of the form and quality without permission; rather, it refuses to restore to the original state until now for reasons that it is difficult to obtain it; in light of the background and content of the crime; and the circumstances after the crime, etc., the crime is very poor; and there is a favorable criminal record in around 2004.

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