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(영문) 서울북부지방법원 2020.02.19 2019고단4905
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “C” in Seoul Special Metropolitan City, Nowon-gu, a development restriction zone.

1. No person shall construct a building, change the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a development-restricted zone or in violation of any terms and conditions of permission granted by the competent authority, from the relevant authority on June 2019;

Nevertheless, on June 2019, the Defendant constructed a temporary building of 100.74 square meters to provide food to customers in the above B for profit without obtaining the above permission.

2. The Defendant did not comply with a corrective order issued by the Nowon-gu Office on June 5, 2019 to the effect that the above unauthorized temporary building should be restored to its original state by June 28, 2019.

3. The Defendant did not comply with a corrective order issued by the Nowon-gu Office on July 10, 2019 to the effect that the above unauthorized temporary building should be restored to its original state by July 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Illegal acts in each development restriction zone, details of sending text of each corrective order, investigation report, location map, land cadastre, and land use confirmation Board;

1. Application of Chapter Three Acts and subordinate statutes to on-site photographs;

1. Relevant Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development for Criminal Facts, Subparagraph 1 of Article 32 of the relevant Act, the proviso to Article 12 (1) (the occupation of a building without permission), subparagraph 2 of Article 32 of the same Act, and Article 30 (1) of the same Act, and the 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's reasons for sentencing under Article 334(1) of the Criminal Procedure Act, who is still in the period of suspension of execution, is familiar with.

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