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(영문) 창원지방법원 마산지원 2016.06.14 2016고정239

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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, did not comply with the above corrective order, such as failing to restore the original state by November 26, 2015 and December 31, 2015, even though he/she received a corrective order for reinstatement on two occasions on the land located in Chang-si, Yongsan-gu, Seoul Metropolitan City, which is a development restriction zone, on the ground that the detached house of 49 square meters and two warehouses of 10 square meters for each of 10 square meters were newly constructed without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. A written accusation;

1. Second corrective order for illegal acts within a development restriction zone, second corrective order for illegal acts within a development restriction zone, each business trip report, second corrective order for illegal acts within a development restriction zone, second corrective order for illegal acts within a development restriction zone;

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;