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(영문) 서울중앙지방법원 2020.04.21 2020고정78

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant has installed a residential greenhouse with a floor area of about 60 square meters in Gangnam-gu Seoul, Seoul, which is a development restriction zone without obtaining permission from the competent authority.

Defendant around May 28, 2019 and the same year

9. Around 19.m., each of the orders issued by the head of Gangnam-gu, the competent authorities, to remove the said vinyl houses and restore them to their original state, did not comply with each order without justifiable grounds;

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the written accusation, public official’s written statement, receipt of corrective order, location map and aerial photography, land cadastre and land utilization confirmation source statute;

1. 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 same Act concerning facts constituting an offense.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.