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(영문) 창원지방법원 2016.06.22 2016고정479
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 2014, the Defendant constructed a steel pipe structure of 84 square meters in the boiler room, without obtaining permission from the competent authority, in Kim Sea-si B and C, which is a development restriction zone around around around the same day, and packages the said boiler room floor of 75 square meters into concrete. Construction of one 144 square meters in the steel pipe structure and construction of one prefabricated-type panel 19.25 square meters inside the said manager, and packaging the said manager’s floor of 144 square meters into concrete.

2. On August 28, 2015, the Defendant, who failed to comply with the corrective order, issued from the Kimhae market to September 18, 2015, a corrective order to correct the illegal act described in paragraph (1) was not complied with even though he/she received the corrective order to correct the illegal act described in paragraph (1) from around October 8, 2015 to October 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation books, location map of offenses, photographs, and photographs of restoration to original state;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Crimes, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (Article 12 Subparag. 1 of the said Act), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (Article 32 Subparag. 2 of the said Act and Selection of Fines)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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