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(영문) 의정부지방법원 2019.05.30 2019고단646

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The head of Si/Gun/Gu may issue a corrective order where a building is constructed, altered the purpose of use, changes the form and quality of land, etc. without obtaining permission in a development-restricted zone or in violation of permitted details, and

1. On August 16, 2018, the Defendant was given a prior notice of disposition and an opportunity to present opinions by the head of the Namyang-si, Namyang-si, and did not comply with a corrective order issued by the head of the Namyang-si, Namyang-si, the head of the Namyang-si, the Namyang-si, stating that “the act of newly constructing a stable and changing the form and quality of the land without a team shall be restored to its original state within 30 days from the time of

2. On October 17, 2018, the Defendant did not comply with a corrective order issued by the head of Nam-si, Namyang-si, with the same content as that of paragraph (1) within the prescribed period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written accusation;

1. Investigation reports on offenses, details of notification by mail, ledger of land (forest), land use regulation information service, business trip reports, advance notice of corrective orders, corrective orders, advance notice of imposition of enforcement fines, and application of Acts and subordinate statutes on site photographs;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) 1 of the Act on Special Measures for Designation of Areas of Restricted Development and the proviso to Article 12 (1) of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes in violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development as stated in paragraph (2) with heavier penalty);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the Defendant acquired a stable without permission on the ground of the natural green area which is separately protected by each law and operated it for more than 10 years, thereby damaging the natural environment for a long time.