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(영문) 대전지방법원 2018.09.13 2018고단158

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who occupies B’s land owned by a clan, and a person who constructed a warehouse of approximately 90 square meters in size, which is a roof structure of a steel pipe plastic roof, and a structure on June 21, 201, in order to use it as a warehouse on B’s land in the Sejong-si, which is a development restriction zone without permission from the competent authority around November 201.

The head of a Si/Gun/Gu may order the removal, closure, remodeling or relocation of buildings and structures, or other necessary measures within a reasonable period of time, where the said land cannot be constructed, altered the use of buildings, installed structures, altered the form and quality of land, or altered the form and quality of land in a zone designated as a development-restricted zone by the Minister of Land, Infrastructure and Transport in the Republic of Korea without permission of the competent authority.

The Defendant did not comply with the corrective order issued by the Sejong Special Self-Governing City Mayor on February 22, 2013, to the effect that, in Sejong City B around March 4, 2013, “a warehouse facility of 90 square meters of the first floor on the land B in Sejong-si, no later than March 31, 2013, and a removal and reinstatement of a square meter on June 21, 2013,” even upon receiving the corrective order issued on February 22, 2013, the Defendant failed to remove the temporary building and structure of the said warehouse, and thus, failed to comply with

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. C’s statement;

1. Application of Acts and subordinate statutes to written opinions, each investigation report, report on the results of an investigation, report on the computation of compulsory performance, and prior notice of disposition;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 30 Subparag. 1 of the Act on Special Measures for Criminal Facts, and Selection of Fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. A temporary building for which the alleged defendant has installed is a vinyl house for agriculture, and a structure is a Saturday for storing crops, pursuant to Article 12(4) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development;