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(영문) 의정부지방법원 2015.05.04 2015고정787

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In a development-restricted area, any construction or alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, deforestation of bamboo and trees, partition of land, piling up articles shall not be permitted, and in cases where any violation is discovered by a competent authority, the permission may be revoked, and in cases where such violation is discovered, the permission may be revoked, and in cases where the works are suspended, or a corrective order may be issued to remove, close, rebuild or relocate buildings, structures,

1. On June 2014, the Defendant newly constructed one container with a size of 18 square meters for warehouse in Yangju-si, a development restriction zone, which is a patroler, B, and newly built one building with a size of 80 square meters wide and 127 square meters wide, respectively, for warehouse use.

2. On July 2014, the Defendant failed to comply with the corrective order, without justifiable grounds, despite having received a warning from the two main markets to restore each of the above illegal matters at the Defendant’s residence located in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, location map, and on-site photograph of a tort;

1. Application of Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 Subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development;

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;