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(영문) 창원지방법원 2015.10.14 2015고정768
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods within a development restriction zone without permission.

Nevertheless, without obtaining the above permission on May 2013, the Defendant: (a) packaged a concrete package of approximately 60 square meters in Kimhae-si, Kimhae-si, Kim 722.0 square meters, D4,677.0 square meters, and E 415.0 square meters; (b) installed illegal buildings ( concrete and steel pipe structure) of a size of approximately 223 square meters in the said D land; (c) changed the form and quality by cutting approximately 343 square meters in height to approximately 0.5 through 2.2 meters in height; and (d) installed iron bars of approximately 320 square meters in the said D and F land; and (e) installed iron bars of a size of 55 meters in length according to the boundary line of the said land.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to supplement public officials;

1. Confirmation of land use plan;

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

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

3. Article 334 (1) of the Criminal Procedure Act.

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