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(영문) 의정부지방법원 2015.11.05 2015고정1968
개발제한구역의지정및관리에관한특별조치법위반
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

No act, etc. of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. shall be performed in a development restriction zone: Provided, That in specific cases, such as facilities for living convenience and living of residents in a development restriction zone

Nevertheless, around April 10, 2013, the Defendant installed 2 containers, which are buildings of 36 square meters in total, and 10 square meters in steel plates, which are structures, in Namyang-si, Nam-si, Seoul, and D, which are development-restricted areas, respectively, and he stored 361 square meters in the land equivalent to 661 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement of E preparation, and a written investigation of offenses;

1. Current status photographs;

1. Each certificate of land use plan;

1. Application of Acts and subordinate statutes to a real estate lease contract and land lease contract;

1. Subparagraph 1 of Article 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development under the relevant Acts concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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