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(영문) 창원지방법원 2017.08.24 2017고정556

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who intends to install facilities for the residence, convenience of living and livelihood of residents of a development-restricted zone in the development-restricted zone shall obtain permission from the head of the competent local government;

Nevertheless, from March 2016 to August 4, 2016, the Defendant, without obtaining permission from the Kimhae market, established a steel pipe sprink for storing agricultural machinery in the farmland in Kimhae-si, Kimhae-si, which is a development restriction zone, and established a prefabricated-type panel (18 square meters) at a resting place.

2. On October 13, 2016, at the Defendant’s house located in Kimhae-si, the Defendant received a notice of corrective order to reinstate the original state, and received a notice of corrective order on December 1, 2016, and did not comply with the corrective order even if the Defendant received a notice of corrective order with the same content as the notification of corrective order on December 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of public officials;

1. Each site photograph and land register;

1. Application of Acts and subordinate statutes concerning the notification of corrective orders;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1) (E) (E) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the choice of fines, respectively;

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;