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(영문) 창원지방법원 2017.06.14 2017고정385

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

1. On May 2016, the Defendant, a development-restricted zone, laid down a 1m height at a height of 1m without obtaining permission from the Kimhae-si 1,580 square meters, which is a development-restricted zone.

2. The Defendant issued, on October 17, 2016, a corrective order to reinstate by no later than November 14, 2016, on the ground that he/she committed a violation, such as Paragraph 1 from Kimhae-si, and did not comply with the corrective order without justifiable grounds, even though he/she received the corrective order to reinstate by no later than December 30, 2016, around November 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selection of Punishment, Article 12 Subparag. 4 of the proviso to Article 12 (1) (a point of changing the form and quality of land without permission), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30(1)1 of the Act on Special Measures for Designation and Management

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;