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(영문) 창원지방법원 2013.12.17 2013고정1300
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by a fine of one million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 4, 201, the Defendant was subject to a disposition of a fine of KRW 1,00,000 from the Changwon District Court on the ground that he/she had constructed an illegal wooden building with a 157 square meters change in the form and quality of the 157 square meters without permission at the above domicile as a person who operates a general restaurant in Kimhae-si B.

On March 29, 2013, the Defendant violated the corrective order because it did not comply with the notification of the corrective order that orders the restoration of the state to the original state from the Kimhae on the foregoing unauthorized change of form and quality and the construction of illegal buildings.

(b) No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store goods in a development restriction zone;

Nevertheless, on March 2013, the Defendant installed a steel pipe structure in the area of 34 square meters wide at the place above the Defendant’s early policeman.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to supplement public officials;

1. Notification of a petition for accusation or request for implementation of a corrective order due to an illegal act in a development restriction zone;

1. Application of the Acts and subordinate statutes on warning pictures;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Punishment concerning Criminal Facts and Article 32 Subparag. 2, Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Article 32 Subparag. 1 of the same Act, the proviso to Article 12 (1) of the same Act, and the

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

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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