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(영문) 의정부지방법원 2014.11.27 2014고정2482
소하천정비법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

The Defendant is a small river area and is operating a “C cafeteria” adjacent to the Gu Office B, which is located within a development-restricted zone.

1. Any person who intends to occupy and use land, to occupy, construct, rebuild, alter, or remove small river appurtenances, to construct, rebuild, or alter other artificial structures, to excavate, fill land, or excavate land, or to alter the form and quality of land in an area in which the small river maintenance has been violated, shall obtain permission from the competent authority;

Nevertheless, on June 2014, the Defendant laid down earth and sand on the land located in a small river area without permission from the competent authorities and installed one steel-proof stairs at that place.

2. Violation of the Act on Designation and Management of Areas of Restricted Development;

(a) In order to construct a building, change the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, or perform an urban/Gun planning project under the National Land Planning and Utilization Act within a development-restricted zone, permission from the competent authority shall be obtained;

Nevertheless, around June 2014, the Defendant installed a unit and a 32 square meters of the above land in a development-restricted zone and used it as a restaurant, and changed the form and quality of land without permission.

B. On June 26, 2014, the Defendant was from the Government Market to July 24, 2014.

Despite the receipt of a corrective order to restore the coordinates and 32 square meters installed by the defendant as described in the paragraph, the above corrective order was not implemented by the deadline without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Each accusation, land use planning confirmation Board, certificate of receipt, copy of the guidance notification, and copy of the guidance.

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