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(영문) 창원지방법원 2016.06.29 2016고정445
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

1. On November 2014, the Defendant: (a) constructed one Dong with a steel pipeline structure of 80 square meters in a prefabricated; (b) constructed one 44 square meters in a prefabricated-type panel inside the building without obtaining permission from the head of Kimhae-si, Kimhae-si; and (c) used it for residential purposes.

2. On July 27, 2015, the Defendant, who failed to comply with the corrective order, issued from the Kimhae market to August 31, 2015, a corrective order to correct the illegal act described in paragraph (1), and did not comply with the corrective order, even if he/she received from the Kimhae market around September 10, 2015, to correct the illegal act described in paragraph (1) until September 30, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The filing of an accusation, a written statement, a field photograph, a demand for voluntary removal of a violation within the development restriction zone, the notification of demand for voluntary removal of a corrective order, the notification of a voluntary removal order within the development restriction zone, the land use plan confirmation document, the land ledger

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Crimes and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development (the occupation of fines and the selection of fines in the holding), Subparag. 2 of Article 32 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development and Article 30(1)1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the selection of fines, inclusive of

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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