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(영문) 서울북부지방법원 2019.01.25 2018고정1755

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees in a development restriction zone shall obtain permission from the competent authority.

Nevertheless, on May 2018, the Defendant installed a structure with a height of 2 meters and a width of 10 meters in Dobong-gu Seoul, a development-restricted zone B, which is a development-restricted zone, without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on investigation, a written confirmation, a location map, and a photograph of the control site (Evidence);

1. Application of investigation report (public issuance, such as cadastral record), land cadastre attached thereto, and written confirmation of land use plan;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting a crime, selection of fines;

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;