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(영문) 창원지방법원 마산지원 2016.05.19 2016고정245

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

Where a corrective order is issued by the head of a Si/Gun/Gu with regard to an act of constructing a building or installing a structure without obtaining permission from the head of a Si/Gun/Gu for land within the development restriction zone, such corrective order shall be implemented.

Nevertheless, the Defendant, without obtaining permission from the head of the competent Gu, issued a corrective order on October 27, 2015 and December 1, 2015, on the ground that he/she installed a container stuff in the area of 150 square meters in the area of 279.31 square meters in the land located in the area of Masan-si, Yongsan-si, the development restriction zone, and changed the form and quality of the land without permission; and that he/she installed a container stuff in the area of 150 square meters in the area of 18 square meters in the area without permission; however, despite having received a corrective order on the grounds that he/she installed a container stuff in the area of 18 square meters in the area of Masan-si without permission, he/she failed to implement the corrective order, such as failing to restore the original area until November 26, 2015 and December 31, 2015, the implementation period for the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation and each corrective order;

1. Application of each statute on photographs;

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 concerning facts constituting an offense and Article 30 (1) 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;