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(영문) 의정부지방법원 2013.04.25 2013고정962

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods, or implement an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act within a development-restricted zone.

Nevertheless, around November 30, 2009, the Defendant newly constructed a 36mpon building with steel pipe and vinyl within the development-restricted area B without permission of the competent authority, and used it as an agricultural warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. C’s statement, and written investigation of offenses;

1. A certificate of land cadastre and all registered matters;

1. Application of statutes on the current status of photographs;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Selection of Fines concerning facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;