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(영문) 부산지방법원 동부지원 2018.12.19 2018고정765
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where a person intends to construct a new building in a zone subject to the restriction on development of unauthorized buildings within the restricted zone, he/she shall obtain permission from the head of the basic organization;

Nevertheless, the Defendant newly constructed a building with a size of 60 square meters using steel pipes and joint plates, etc. without obtaining permission from the number of captain-gun in Busan, Busan, and C development restriction zones on December 2017.

2. On June 5, 2018, the Defendant, who failed to comply with the corrective order, issued a corrective order to restore the violation of the above “A” from the number of captain-gun to July 5, 2018, but did not comply with the order.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of reinstatement);

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, and Articles 32 Subparag. 1 and 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the occupation of a building without permission within the development restriction zone), Article 32 Subparag. 2 and Article 30 Subparag. 1 of the Act on Special Measures for Criminal Facts, and the

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. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has carried out construction work to reduce the size of the above building by 30 square meters at the present.

One, that is,

Even if "original restoration" was performed, "original restoration" was performed.

Since it cannot be seen, the amount of fine for summary order shall be maintained as it is, and the punishment shall be determined as per the order.

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