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(영문) 서울중앙지방법원 2015.09.14 2015고정680
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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, store goods, etc. within a development restriction zone, and where he/she violates this, he/she shall comply with a corrective order related to the suspension of construction of the head of the Gu, etc., or removal, closure or relocation of buildings, structures, etc. for a considerable period

Nevertheless, on December 23, 2013, the Defendant failed to comply with a corrective order issued by the head of Gangnam-gu Office to order the restoration of the area to the original state by January 5, 2014 for the temporary closure and use for residential purpose by installing a structure (55 square meters) in his/her place of residence located in Gangnam-gu Seoul Metropolitan Government, which is a development restriction zone, within the said place.

Summary of Evidence

1. Legal statement of witness D;

1. Written accusation, statement of public official, official text, location map, and current status photograph of the head of Gangnam-gu;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached to a postal receipt);

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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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