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(영문) 서울북부지방법원 2016.04.21 2016고정5
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction without obtaining permission from the competent authority.

Nevertheless, the defendant, as the owner of Nowon-gu in Seoul Special Metropolitan City, which is a development restriction zone, removed the roof and outer wall of the house on the ground of the above site on December 29, 2014 without obtaining permission from the competent authority, and constructed and reconstructed the roof and outer wall of the 76.7 square meters on the surface as the panel.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the public written accusation of the Nowon-gu Office, a public official in charge, and the official written order to reinstate the original state;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense;

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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