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(영문) 창원지방법원 2019.05.15 2019고단60

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

The Defendants were punished by fine.

Reasons

Punishment of the crime

Defendant

A, a development-restricted zone C and Defendant B, without obtaining permission from the competent authorities in Kimhae-si, Da, E, F, and G, constructed and used one store with a steel pipe structure of 416 square meters, one store with a steel pipe structure of 60 square meters, 1 Dong in a container structure of 18 square meters, one purification facility with a steel pipe structure of 21.6 square meters, 1 Dong in a steel pipe structure of 191 square meters, one warehouse with a steel pipe structure of 191 square meters, one container structure of 12 square meters, one container structure of 12 square meters and one toilet with a container structure of 12 square meters, one rest room with a container structure of 18 square meters and one break room with a container structure of 18 square meters and 27 square meters of a prefabricated panel structure.

1. Around October 31, 2017, Defendant A received the second corrective order from the Kimhae market to restore the above violation to the original state until December 15, 2017, and even on January 3, 2018, Defendant A did not comply with the second corrective order to restore the above violation to the original state until February 14, 2018.

2. On October 31, 2017, Defendant B issued the first corrective order to restore the said violation from the Kimhae market to the original state until December 15, 2017, and Defendant B did not comply with the second corrective order to restore the said violation to the original state until January 3, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notice of a corrective order for restoration to its original state;

1. A real estate lease contract;

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

1. Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Selection of fines as to facts constituting the crime;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by fully taking into account the following circumstances: (a) the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing as indicated in the instant case, including the circumstances after the crime.

Conditions disadvantageous to him: