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(영문) 의정부지방법원 고양지원 2018.04.05 2018고정66
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is one of the co-owners of the well-owned land of the 1,340 square meters in Gyeyang-gu B, Gyeyang-gu, Gyeyang-gu, which is a development restriction zone.

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or store goods within a zone subject to development restriction without permission from the competent authority.

Nevertheless, the Defendant, without permission from the competent authority from April 2014 to July 26, 2017, constructed one square meter (18m square meter) of the container for the use of the Arabic working room (18m square meter) on the above land. From April 2016 to July 26, 2017, the Defendant constructed one square meter (9m square meter) of the wooden building for the purpose of storage in large air conditioners from April 2016 to July 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of the written charge, written investigation of illegal acts, card of measures against illegal acts (2015), written investigation of illegal acts and card of measures against illegal acts (2017), land use plan confirmation, and statutes on the ledger of land;

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 Punishments, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines

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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