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(영문) 의정부지방법원 2015.12.17 2015고정2270

개발제한구역의지정및관리에관한특별조치법위반

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

No act, etc. of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. shall be performed in a development restriction zone: Provided, That in specific cases, such as facilities for living convenience and living of residents in a development restriction zone

Nevertheless, on July 2015, the Defendant newly constructed a container of a size of 27 square meters in the land B, which is a development restriction zone, in order to use it as a warehouse, and newly constructed a building or structure in a development restriction zone without permission as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Investigation report (Correction of the details of accusation, statement of the Director General C to Southyang Viewing C, suspect D telephone statement);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones under the relevant Acts 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;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;