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(영문) 수원지방법원 안산지원 2013.06.28 2013고단809

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who leases from C a parcel of land 8,928 square meters located in Si, Si, Si, Si, Do, which is located in a development-restricted area.

Any person shall obtain permission from the competent authority to construct a building non-construction, change the purpose of use, install a structure, etc. in a development restriction zone.

Nevertheless, the Defendant, from November 30, 201 to February 12, 201, installed nine night lighting lights, four electric poles, one water network of camping and one container without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written accusation;

1. Application of statutes in advance to impose charges for compelling compliance;

1. Article 32 (1) and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development Restriction and Punishment concerning facts constituting an offense, and Articles 32 (1) and 12 (

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

1. Although Article 334(1) of the Criminal Procedure Act of the provisional payment order leads to confessions and reflects by the defendant, due to delay of restitution of land, C, who is the landowner, placed the risk of paying KRW 50 million for enforcement fines at the expense of the victim because the defendant failed to fulfill his/her obligation of restitution to the original state, making the defendant remove at the expense of the victim, and taking into account the circumstances leading up to this case, size and form of illegal buildings, and other circumstances recorded in the trial and the record, the punishment as ordered shall be determined.