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(영문) 부산지방법원 동부지원 2019.09.25 2019고정364

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who leases and uses the answer of Busan and C respectively.

1. No one shall construct any building, alter the purpose of use of any building, install any structure, etc. in a development restriction zone without obtaining permission or in violation of a permission;

Nevertheless, around March 2015, the Defendant newly constructed a steel pipe plastic house on a size of 120 square meters without obtaining permission from the competent authority in the above paddy field, extended a steel pipe plastic house on a size of 15 square meters around July 2018, and installed a steel pipe on a size of 14 square meters around August 2018.

2. Around August 6, 2018, the Defendant did not comply with a corrective order issued by the head of the plane captain, even though he/she was ordered by the head of the Gun to restore the building or building structures, which are the same as that stated in paragraph (1), to its original state by September 7, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the land use planning institute, such as a written accusation, location map and site photograph, prior notice of disposition and official notice of order for correction

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) (the act of installing structures, etc. without permission), Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the selection of fines, respectively;

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;