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(영문) 서울중앙지방법원 2016.06.20 2016고정1487
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant installed a residential temporary establishment with a floor area of 32 square meters in a plastic house installed on the ground of 14,463 square meters prior to Gangnam-gu Seoul Metropolitan Government, which is a development restriction zone.

Upon receipt of a corrective order from the head of Gangnam-gu around August 24, 2015 to the effect that the above temporary facilities be removed and restored to their original state until September 22, 2015, the Defendant failed to comply with the corrective order issued by the head of Gangnam-gu on September 24, 2015 to the effect that the said temporary facilities be removed and restored to their original state until October 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation (the head of Gangnam-gu);

1. A written statement (C);

1. Instructions for correction and demand for correction of illegal acts within the development restriction zone;

1. Location map and current status photograph;

1. Land use planning personnel;

1. Application of registered statutes;

1. Article 32 Subparag. 2 of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 30 Subparag. 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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