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(영문) 광주지방법원 2016.08.24 2016고정492
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 shall not construct a building, etc. in violation of the purpose of designation as a zone designated as a development restriction zone by the Minister of Construction and Transportation as a joint owner of the land of 1,969 square meters in Gwangju Mine-gu C or D.

On March 2014, the Defendant installed a container with the above land, and constructed a single-story building of 32.2 square meters in aground by using the assembly-type panel. The Defendant changed the form and quality of land by constructing an access road package work using concrete on the access road of 243 square meters in the above land. In addition, the Defendant buried a brick on the above land in a rectangular manner, built a roof using vinyl, etc. with a steel pipe, and used it as a building site. The Defendant changed the form and quality of land of 14.4 square meters in the above land.

Summary of Evidence

1. Partial statement of the defendant;

1. Submitting the current status and photographs of E, land use plans, written ruling and documents adding illegal changes in the form and quality of development-restricted areas;

1. Application of Acts and subordinate statutes on accusation of illegal acts within development restriction zones;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 of the Act on Special Measures for Criminal Facts;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes a minor act that does not require permission under Article 12 (4) of the same Act, such as "the act of maintaining a village road, which is a community joint project" under Article 12 (1) 3 (b) of the Enforcement Rule of the Act on the Establishment and Management of Development Restriction Zones / [Attachment 4] and "the act of installing a erogrative drieder or a rain dried facility not exceeding 50 square meters from the place of production" under subparagraph 1 (t)

The following circumstances, which are acknowledged in accordance with the evidence of the judgment, are the types of residential facilities and internal facilities similar to the land stated in the facts constituting a development restriction area.

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