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(영문) 의정부지방법원 2015.06.08 2015고정146
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person without permission shall construct a building, alter the use of a building, install a structure, change the form and quality of land in a development restriction zone without permission from the competent authority;

Nevertheless, from March 2013 to April 2013, the Defendant, without permission from the competent authority, installed five iron pipe structure equivalent to the aggregate of 491.5 square meters from “G” operated by the Defendant in Yangju-si, Yangju-si, D, E, and F, Gyeonggi-do, the development restriction zone, and changed the form and quality of land equivalent to 572 square meters.

2. The Defendant, who did not comply with the first corrective order issued on February 19, 2014, stating that he/she would remove illegal facilities and restore them to the original state from the two main markets until December 30, 2013 due to an act under paragraph (1), and that the Defendant would remove illegal facilities and restore them to the original state until February 28, 2014, respectively, even though he/she received the second corrective order issued on February 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A statement prepared by H;

1. Investigation cards for illegal acts;

1. Location map and current status photograph;

1. Urging for corrective measures against illegal acts in a development-restricted zone, and guiding the restoration of illegal acts in a development-restricted zone;

1. The application of respective Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 Subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the

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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