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(영문) 서울중앙지방법원 2017.05.30 2017고정156

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles without permission from the competent authority in a zone where development is restricted zone, and shall, upon receiving a corrective order from the competent authority, perform such act.

Nevertheless, without permission from the competent authority, the Defendant installed a prefabricated-gu Seoul Seocho-gu Seoul Seocho-gu plastic greenhouse with a size of approximately 60 square meters, which is a development restriction zone, structure of a prefabricated-type panel. Accordingly, on August 12, 2016, the Defendant issued a corrective order to restore the original state from the head of Seocho-gu to the 25th of the same month on August, 2016, and issued a corrective order to restore the original state from the head of Seocho-gu around September 9, 2016 to the 26th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes concerning the service of land register, land use plan confirmation, copy of official document of corrective order, location map, photographs of unlawful site, and documents;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment;

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

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