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(영문) 서울북부지방법원 2020.02.20 2020고정134
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods or perform an urban or Gun planning project without permission from the competent authority in a development-restricted zone, and shall, where he/she receives a corrective order due to the relevant act, perform it.

1. On May 2019, the Defendant established a temporary building of a size of 172.5 square meters in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu and operated a restaurant without obtaining permission from the competent authorities.

2. The defendant who fails to comply with a corrective order on May 31, 2019 and the same year.

7.2.Before receiving an order for restoration from the head of Nowon-gu to the original state due to the act as described in paragraph 1, the person did not implement it.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the results of verification at the site of restoration of illegal activities in GB, the primary corrective order within a development restriction zone, and the secondary corrective order within a development restriction zone;

1. Application of the location map and on-site photograph statutes;

1. Article 32 subparag. 1 and 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Criminal Facts and Selection of Fines;

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

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, sought a reduction of the fine (3,00,000 won) for a summary order.

The punishment, like the order, shall be determined by taking into consideration the following factors: (a) the period of punishment, the reason for the restoration of the original state, the fact that the defendant has implemented an order to restore the original state, the defendant is in an economically difficult situation, and the defendant's age, character and conduct, environment, etc.,

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