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(영문) 의정부지방법원 2014.07.10 2014고정476

개발제한구역의지정및관리에관한특별조치법위반

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Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “G” in two weeks, which are located in a development restriction zone, in the name of “G”.

No one shall construct buildings, change the use of buildings, install structures, change the form and quality of land, etc. within a development restriction zone.

A. On April 2013, the Defendant, a development-restricted zone, built a steel pipe pipe in Yangju-si Forest, and newly built three places of business with a size of 48 square meters, 44 square meters, and 31.5 square meters for customers, covering the wall and roof with vinyl and tent, for the purpose of eating food.

B. Around June 2013, the Defendant: (a) installed a steel pipe pipe in Yangju-si, a development-restricted zone; (b) installed three business places with three business places with a size of 104 square meters, 38 square meters, and 13.5 square meters for the purpose of enabling customers to drink food.

C. Around April 2013, the Defendant, a development-restricted zone, changed the form and quality of B forest land, C river, D ditch, E river, F ditch into the business site and parking lot of the above restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Accusations, investigation reports on illegal acts, and explanatory notes;

1. Current status, photograph, location map, and layout map of an illegal building;

1. Application of Acts and subordinate statutes to land use planning certificates and land ledger;

1. Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 11838, May 28, 2013); Article 32 Subparag. 1 and Article 12(1) of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 12372, Jan. 28, 2014); Articles 32 Subparag. 1 and 12(1) of the former 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;