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(영문) 창원지방법원 2016.07.06 2016고정422
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 201, the Defendant: (a) sealed the 92.4 square meters of a prefabricated-type panel into concrete in order to operate a religious facility without obtaining permission from the head of Kimhae-si, Kimhae-si; and (b) constructed 92.4 square meters of a prefabricated-type panel on that part; (c) constructed one 29 square meters of a prefabricated-type panel on that part; (d) constructed one 18 square meters of a warehouse container; and (e) constructed one 18 square meters of a warehouse pipeline structure 33.6 square meters of a warehouse.

2. On March 23, 2015, the Defendant, who failed to comply with the corrective order, issued a corrective order to correct the illegal act described in paragraph (1) from the Kimhae market until April 20, 2015, removed only 18 square meters of the container 18 square meters of the above warehouse, and did not correct the remainder of the illegal act. On July 16, 2015, the Defendant did not comply with the corrective order to correct the remainder of the illegal act that was not corrected until July 31, 2015 from the Kimhae market.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 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 and Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Criminal Facts, the proviso to Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (Article 12(1)); Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development and Article 30(1)1 (Article 30(2) of the Act

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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