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(영문) 대전지방법원 2019.10.02 2019고정794

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the lessee of the land B in the Dong-gu Daejeon District.

No act of constructing a building or altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. shall be performed within a development-restricted zone.

From the beginning of December 2018 to February 2, 2019, the Defendant illegally loaded two illegally constructed land form and quality alteration (e.g., banking) and two plastic houses (e., 35.6 square meters) in the area of Dong-gu Daejeon-gu B 226.8 square meters, Daejeon-gu, which is a development restriction zone.

B. The Defendant who failed to comply with the corrective order.

By December 11, 2018, the head of the Dong-gu Daejeon Metropolitan City, from January 10, 2019, the head of the Dong-gu, Daejeon Metropolitan City received a corrective order for the restoration of the illegal act within the development restriction zone from January 10, 2019. On December 28, 2018, the head of the Dong-gu, Daejeon Metropolitan City did not comply with the corrective order within the deadline

Summary of Evidence

1. Defendant's legal statement;

1. Field control photographs 1, 2;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Articles 32 subparag. 1 and 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones and Articles 32 subparag. 1 and 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones and the selection of fines for each crime (including reinstatement, reflectment, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;