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(영문) 서울북부지방법원 2015.09.18 2015고정1827
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

The Defendant is a person who operates a general restaurant in the name of “C” in Dobong-gu Seoul, a development restriction zone B.

Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees in a development restriction zone shall obtain permission from the competent authority.

Nevertheless, from the beginning of October 2014, the Defendant installed two Dongs of a temporary building, which is composed of wood and combined, and a roof, in which a plastic and vinyl is used as a kimchi warehouse (scale: 9 square meters) and a goods storage (scale: 20 square meters).

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect prepared by special judicial police officers against the accused;

1. Application of Acts and subordinate statutes to investigation reports, written confirmation, location map, and photographs at the control site;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Selection of Fines concerning facts constituting a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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