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(영문) 의정부지방법원 2020.06.29 2020고단358

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of C who operates slaughter business in Namyang-si, Namyang-si.

Where the head of a Si/Gun/Gu finds any construction of a building or any act of altering the purpose of use in a development restriction zone, he/she may order the relevant actor to suspend construction, or remove, close, rebuild or relocate the building, structure, etc. within a reasonable period, or take other necessary measures, and the relevant actor shall comply with the order

Nevertheless, on January 8, 2019, the Defendant did not comply with the above corrective order without justifiable grounds even though he received the corrective order to restore the violation of the attached list, such as the illegal alteration of the use (extension and alteration of form and quality) of B and six parcels, from the head of Nam-si, Namyang-si, Namyang-si, which is a development restriction zone, within 30 days.

Summary of Evidence

1. The defendant's statement E in his court statement (No. 4);

1. Accusation against an illegal act in a development restriction zone;

1. Application of Acts and subordinate statutes to a general building ledger, full certificate of registered matters (including cancellation), business trip report on land (forest) ledger, business trip report, advance notice for correction of violation of general special Acts and subordinate statutes, corrective order within a development restriction zone, and advance notice of violation in a development restriction zone

1. Selection of a fine under Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Criminal Facts

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

1. The fact that the defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has several records of punishment (three times of fine and one time of suspended sentence of imprisonment) for the same crime is disadvantageous to the defendant.

However, it seems that the defendant recognized all the crimes, and the defendant made efforts to obtain the relevant permission for development to operate slaughter business within the restricted area, and the defendant violated.