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(영문) 대구지방법원 2020.05.26 2020고정223
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to construct a building in a development restriction zone without permission in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones shall obtain permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor,

Nevertheless, on June 2015, the Defendant constructed one building for kitchen use (25m2) and one building for warehouse (12m2) using steel, wood, vinyl, etc. without obtaining permission, in Daegu-gu B, which is a development restriction zone, which is a development restriction zone.

2. The Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development (Non-compliance with the corrective order) did not comply with the corrective order even though the head of Daegu Metropolitan City/Metropolitan City/Gu issued the first corrective order for restoration to the original state around July 30, 2019, and the second corrective order for restoration to the original state around September 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A copy of an order to reinstate an illegal act in a development restriction zone;

1. The primary and secondary corrective orders for the restoration of the original state to the original state against an illegal act in a development restriction zone;

1. Application of the location map, on-site photographs, and the Acts and subordinate statutes governing resistance photographs;

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 the Selection of Punishment for Criminal Facts; Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and the Selection

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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