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(영문) 의정부지방법원 2015.12.17 2015고정2252

개발제한구역의지정및관리에관한특별조치법위반

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

No act, etc. of constructing a building, 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 in a development restriction zone: Provided, That in specific cases, such as facilities for living convenience and living of residents in a development restriction zone

Nevertheless, around October 27, 2010, the Defendant: (a) changed the use of a residential facility (120 square meters) of the structure of a steel farm or vinyl into a place of business (176 square meters); (b) newly constructed a resting room of the structure of a light panel (56 square meters); (c) changed the form and quality of the land inside the steel farm or vinyl structure (176 square meters), and (d) changed the use of a steel farm or vinyl structure into a warehouse (176 square meters); (5) changed the form and quality of the land inside the steel farm or vinyl structure (176 square meters); (6) newly constructed a residential facility (120 square meters) of the structure of a steel farm or vinyl board structure (120 square meters); and (7) newly constructed a residential facility with a structure of a steel farm or vinyl structure (35 square meters); and (9) newly built a 3-44 square meters of the land into a building site (3-94 square meters of the building site).

Accordingly, the defendant newly constructed plastic houses without permission of the two main markets, and changed the use of buildings and the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a report on the results of a business trip;

1. A written statement prepared in C;

1. Current status of illegal buildings and investigation cards on illegal acts;

1. Current status photographs;

1. Application of confirmations of land use plan and land cadastre statutes;

1. Subparagraph 1 of Article 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development under the relevant Acts concerning facts constituting an offense;

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. The Criminal Procedure Act;