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(영문) 수원지방법원 안산지원 2018.07.18 2018고정471

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall construct a building, change the use of a building, change the form and quality of land, or store goods in a zone subject to development restriction.

Provided, That in certain cases, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may perform such act with permission from the head

Nevertheless, from May 22, 2015 to January 10, 2018, the Defendant: (a) operated the top of the body of the members of Ansan-si from May 22, 2015, the Defendant changed the form and quality of concrete for the use of the camping site without permission of the Ansan-si market; (b) newly constructed containers; and (c) issued corrective orders and enforced payments two times from Ansan-si (1,200 square meters) ordering restoration of the body of the members of Ansan-si from May 22, 2018; (c) operated the top of the body of the trade name of the F in the development restriction zone; and (d) installed concrete for the use of the camping site without permission of the Ansan-si market.

However, without any special reason, the Defendant continued the act of piling steel in B, E (1,100 square meters) within the development restriction zone without complying with the above restoration order.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of business trip, and a statement of investigation into offenses;

1. On-site photographs (additional occurrence) and annual on-site photographs (2015~2017) on January 10, 2018;

1. Application of Acts and subordinate statutes to corrective orders for restoration to original state;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment, and Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 2 and Article 30 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, concerning facts constituting an offense (the fact that a Si order is not issued), the selection of fines,

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. The punishment shall be determined as above in light of the favorable circumstances, such as the fact that the defendant confessions and reflects the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant performs his duty of restoration to the original state at the latest and paid the amount of forced performance, etc.