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(영문) 수원지방법원 성남지원 2013.12.20 2013고정1891

개발제한구역의지정및관리에관한특별조치법위반

Text

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

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

Reasons

Punishment of the crime

1. No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a development restriction zone without permission from the competent authority;

Around September 208, the Defendant, as the owner of land B and C (forest) which is a development restriction zone, newly constructed a square meter of the outdoor guest seat 36 meters in the steel pipe structure without permission from the competent authority to use it for restaurant B, Hanam-si, Hanam-si, B, without permission from the competent authority. On July 2012, 2012, the Defendant installed a stone shed in C and constructed a structure of the square meter of the 25.5 meters, and on March 15, 2013, the Defendant newly constructed a square meter of 48 meters with a steel pipe structure and a warehouse.

2. The Defendant in violation of the corrective order did not comply with the corrective order within the above period without justifiable grounds, even though the notice stating that “the restoration from the lower south market to the original state by July 15, 2012, regarding the construction of outdoor guest seats and the installation of stone embankments” was delivered at the Defendant’s home by mail via D, who is a child at the Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to guide illegal acts in development restriction zones;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) and 32 subparagraph 2 of the Act on Special Measures for Designation of Areas of Restricted Development concerning Criminal Facts and Punishment: Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;