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(영문) 울산지방법원 2020.04.24 2020고정118
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

1. No one shall construct a building and alter its use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods, or perform an urban/Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act without obtaining permission from the competent authority within a development-restricted zone for an unauthorized building;

Nevertheless, from January 2015 to October 2015, the Defendant constructed a kitchen with a size of approximately 13 square meters in Gyeyang-si B, C, and D, which is a development restriction zone, without obtaining permission from the competent authority, and constructed an outdoor kitchen with a size of approximately 13 square meters in the same place in around 2018.

2. The Defendant violated the corrective order, even though he received an order to remove the said buildings from the head of the branch office of Yangsan City on January 17, 2019 to February 22, 2019, to restore the said buildings to the original state, the Defendant did not comply with the order, despite the fact that he received an order to restore the said buildings to the original state from the head of the branch office on February 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation or an airline;

1. Official text of the corrective order;

1. E police statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Land Use Planning Board);

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (unauthorized construction of a building), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the selection of fines for each type of fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development due to Violation of Corrective Order);

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

1. The order of provisional payment;

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