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(영문) 창원지방법원 2016.09.29 2016고정743
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

1. On September 20, 2015, the Defendant: (a) constructed one Dong with a house container of 18 square meters; (b) one Dong with a house use of 25.86 square meters; and (c) a prefabricated-type panel with a house use of 10.14 square meters without obtaining permission from the competent administrative authority in Kimhae-si, which is a development restriction zone; and (d) one Dong with a house use of prefabricated-type

2. On November 23, 2015, the Defendant, who failed to comply with the corrective order, issued from the Kimhae market to December 11, 2015, a corrective order to reinstate an illegal act listed in the foregoing paragraph 1, and did not comply with the corrective order to reinstate the illegal act listed in the foregoing paragraph 1 from the Kimhae market until December 21, 2015 to the date of January 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report ( telephone communications with accusation officials);

1. A certificate of land use plan;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Development, Article 12 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Articles 32 Subparag. 2 and 30(1)1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development, and Selection of fines, respectively;

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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