beta
(영문) 서울중앙지방법원 2020.01.30 2019고정2542

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who has received a corrective order from the competent authority for an act of constructing a building, or installing a structure with respect to land within a development restriction zone without obtaining permission from the competent authority, shall comply with such corrective order.

Nevertheless, the Defendant failed to comply with the corrective order, such as failing to restore it to its original state within the period for the execution of the corrective order, on the ground that one of the residential plastic greenhouses was installed without permission from the head of the competent Gu in Gangnam-gu Seoul, which is a development restriction zone, in Seoul, on the ground that it was installed without permission, on May 24, 2019 and July 1, 2019

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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;