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(영문) 의정부지방법원 2018.08.29 2018고정974
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No zone subject to development restriction shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store goods without permission, and any person who has been discovered by the competent authority in violation of this Act shall comply with a corrective order.

On August 2012, the Defendant changed the use of a room (135 square meters) located on the said land to a rest room or a warehouse in Namyang-si, the development restriction zone of the end of which is the development restriction zone, without obtaining permission from the competent administrative agency, and did not comply with a corrective order issued by the competent administrative agency to order the alteration of the form and quality into the parking lot by putting the toilets (3 square meters) and the vehicle maintenance room (47.25 square meters) without permission, and putting the answer (1100 square meters), on December 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of accusation, on-site evidence photographing statutes;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 30 Subparag. 1 of the Act on Special Measures for Criminal Facts, and Selection of Fines;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act was punished once by the defendant for the same criminal record, the fact that the defendant committed the crime in this case while recognizing the crime in this case, and that part of the defendant has been restored to the original state, and other factors, such as the defendant's age, sex, and environment, the punishment as ordered shall be determined.

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