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(영문) 수원지방법원 성남지원 2016.01.15 2015고단2159
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operated a general restaurant with the trade name “C” in Gwangju City from October 2010 to August 6, 2015.

1. Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction, shall obtain permission from the competent authority;

Nevertheless, without obtaining permission from the competent authority on August 2014, the Defendant installed 4 Dongs of the steel-frame size of 573 square meters in Gwangju City D and E, which is a development restriction zone, and constructed buildings without permission within the development restriction zone.

2. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction shall obtain permission from the competent authority.

Nevertheless, on August 2014, the Defendant, without obtaining permission from the competent authorities, set up a billiard with a size of 166 square meters in Gwangju City F (Do), which is a development restriction zone, and changed the form and quality of land within the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. The application of Acts and subordinate statutes of each investigation report (in advance, notification of restoration to the original state of the discovered restaurants, notification of restoration to the original state of the discovered restaurants, and attachment report, such as a certificate of investigation of offenses, etc.);

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Acts and Punishment for Criminal Facts (Selection of fines in consideration of the fact that reinstatement has been completed);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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