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(영문) 의정부지방법원 2015.08.31 2015고정553
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

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, cut bamboo and trees, divide land, stockpile articles, or perform an urban or Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun planning project"), within a development restriction zone, and the head of a Si/Gun/Gu may order the relevant violator, etc. to suspend construction or to remove, close, rebuild or relocate the buildings, structures, etc., or to take other necessary measures (hereinafter referred to as "improvement order"), fixing a reasonable period.

1. Around August 2007, the Defendant newly constructed a building of a size of 125 square meters in the structure of steel pipe 125 square meters on the land of Namyang-si, Nam-si, which is a development restriction zone, without obtaining permission from the Namyang-si market, and received an order to restore the building within 30 days from the Namyang-si market on April 29, 2014, the Defendant did not comply with the corrective order within the above period without justifiable grounds.

2. From around April 2012, the Defendant used a container of a size of 36 square meters on the same land, which is a development-restricted zone, as a warehouse for goods and materials, the Defendant failed to comply with the corrective order within the said period without justifiable grounds, even though he/she was ordered to restore the container within 30 days from the Namyang market on April 29, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A corrective order against an illegal act in a development restriction zone;

1. Application of land cadastre and current status photograph Acts and subordinate statutes;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

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