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(영문) 의정부지방법원 2017.12.21 2017고정1894

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

The defendant is a person engaged in agriculture.

No one shall construct buildings, change their use, install structures, change the form and quality of land, etc. in a zone subject to development restriction without permission from the head of a Si/Gun/Gu.

1. Nevertheless, on August 2015, the Defendant newly built one 150 square meters of the size of a building in a vinyl with a steel farm (a vinyl) and one 72 square meters of a building in a vinyl, a 150 square meter of a building in a vinyl, and a warehouse facility equivalent to 18 square meters of a size of 15 square meters of a steel farm and a joint plate, and one 1 dong of a resting facility having a size of 10.5 square meters of a size of 15 square meters of a size using a steel farm, which is a development restriction zone in the Southern-si, Nam-si.

Accordingly, the defendant constructed a building without permission in the development restriction zone without permission from the development restriction zone.

2. The Defendant created and used an area equivalent to 42 square meters of land E in Namyang-si, Namyang-si, Namyang-si, as a new breeding house without permission of the Namyang-si market.

As a result, the Defendant changed the form and quality of land in the development restriction zone without permission from the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, written statement, investigation report on illegal acts, field photographs, land use regulation services, and land register;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; and (b) appears to have implemented measures of original recovery from some buildings, etc.; and (c) a special criminal punishment shall be imposed except for those punished once by a fine due to a violation of the Road Traffic Act in 2013.