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(영문) 창원지방법원 2020.02.07 2019고단3103
개발제한구역의지정및관리에관한특별조치법위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Measures for Designation and Management of Development Restriction Zones due to an act of development without permission, as a natural green area, and was an owner of 614 square meters, C 49 square meters, C 866 square meters, and D 866 square meters, which was designated as a development restriction zone. Despite the fact that any person in a development restriction zone cannot engage in development activities, such as construction of buildings, alteration of use, installation of structures, alteration of the form and quality of land, etc., within the development restriction zone, he/she installed a pipe structure for storage of approximately 56 square meters on the above land on April 2017, and installed a pipe structure for storage of approximately 48.75 square meters in neighboring E and neighboring D land, and he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she accumulated a mar of approximately 1 to 3

As a result, the Defendant performed development activities such as installing structures or changing the form and quality of land in the development restriction zone without permission of the jurisdictional Kim Sea market.

2. A defendant who violated the Act on Special Measures for Designation and Management of Areas of Restricted Development due to the non-performance of a corrective order on February 18, 2019, received a public letter of “voluntary notification of a corrective order within a development restriction zone” in the name of the Kim Sea market to reinstate the same violation as described in paragraph (1) from the dwelling of the defendant in Kimhae-si F apartment and G by April 5, 2019, and continued to receive the same year.

5. Around June 18, 2019, in the same place, no corrective order was issued, even though each receipt of a letter of “Guide to Voluntary Restoration of Violations within Development Restriction Zones” under the name of the Kimhae market to the effect that it shall be restored until June 24, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a written accusation or restoration order;

1. Application of current status of offenses, and statutes governing field photographs;

1. Special measures for the designation and management of a development restriction zone and applicable laws and punishment for facts of crime;

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