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(영문) 의정부지방법원 2014.07.24 2014고정718
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant had operated a restaurant with the trade name of “C” in Yangju-si, and the above area was a development restriction zone with permission from the relevant administrative agency at the time of the construction act, but at his/her own discretion, he/she newly constructed, around April 2012, 1/15 square meters of the total size of the above land, 4/194 square meters of the total size of 194 square meters of the above land without permission, and violated the restriction on the act within the development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 11838, May 28, 2013); Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 11838, Apr. 28, 2012); Article 32 Subparag. 1 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 12372, Jan. 28, 2014); Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 12372, Jan. 28, 2014); Article 108(1) and Article 11(1) of the former Building Act (Amended by Act No. 12466, Jan. 14, 2014)

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;

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