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(영문) 의정부지방법원 2014.05.22 2014고정421

개발제한구역의지정및관리에관한특별조치법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant of the Act on Special Measures for Designation and Management of Development Restriction Zones is both users of B, C, D, E, F, G, etc. in Yangju-si.

No one shall construct a building or alter its use, install a structure, change the form and quality of land in a development restriction zone without obtaining permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority from April 2013 to June 2013, changed the form and quality of the land equivalent to 700 square meters of the answer and forest land without permission from the competent authority.

2. Any person who intends to construct or repair a building on a large scale shall obtain permission from the competent authorities;

Nevertheless, from April 2013 to June 2013, the Defendant constructed a total of 502 square meters of the total area of a house room and residential facility, and four business places using iron poles and tents without obtaining permission from the competent authorities in Yangju-si, C, D, E, F, G, etc., which is an urban area.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, the filing of an investigation report (in the form of official document), the investigation report (in the form of attaching a confirmation source of the land use plan), and the application of video statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Individual Restriction Zones, Article 12(1) of the former Act on Special Measures for the Designation and Management of Individual Restriction Zones (Amended by Act No. 12372, Jan. 28, 2014); Article 108(1) of the Building Act; Article 11(1) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of concurrent crimes (within the scope of the crimes above)]

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

1. The order of provisional payment;