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(영문) 의정부지방법원 고양지원 2018.01.09 2017고정1035

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

누구든지 개발제한 구역에서는 건축믈의 건축 및 용도변경, 공작물의 설치, 토지의 형질변경, 죽 목의 벌채, 토지의 분할, 물건을 쌓아 놓는 행위를 하여서는 아니 된다.

On April 28, 2014, the Defendant constructed two containers (24 square meters in a wide size, 30 square meters) and prefabricated-type panels (9 square meters in a large size) with the head of the competent administrative agency in Gyeyang-gu, Seoyang-gu, Seoul, which is a development restriction zone, and used the said building as a residential area and a toilet from around that time to April 29, 2016.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. A written accusation and a written statement;

1. Notification of corrective order (2016-39), notification of corrective order, and prior notification of disposition within the development restriction zone;

1. Application of a written investigation of offenses and statutes governing status photographs;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense;

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;