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(영문) 창원지방법원 2016.05.26 2016고정339
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, a development restriction zone, is a person who operates a riding practice hall in the name of “K riding track” in Kimhae-si B, C, D, E, F, G, H, I, and J.

On April 2015, the Defendant suspended the use of 4,80 square meters in the outer marina, marina, and passage, and changed the form and quality thereof without obtaining permission from the competent administrative agency, on the following occasions: (a) on April 1, 2015, the Defendant: (b) constructed one Dong with a pipe structure of 200 square meters; (c) one Dong with a container of 54 square meters; (d) one Dong with a steel pipeline structure of 128.56 square meters in an indoor marina; (e) one Dong with a pipe structure of 254.34 square meters; (e) one Dong with a warehouse structure of 18 square meters; (e) one Dong with a container of 18 square meters; (f) one Dong with a warehouse; (f) 12 square meters in a container; and (f) one Dong with a general steel frame of 13.2 square meters in a resting; and (e) one Dong with a toilet assembly structure of 2.86 square meters in a toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of a suspect of the police against the person under consideration;

1. A supplementary statement of public officials;

1. Map and current status of violation, land use plan, confirmation certificate, land register, and building register;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 of the Act on Special Measures concerning the Designation and Management of Areas subject to Restrictions on the elective Development of Punishment and Specific Measures for Criminal Facts, the proviso to Article 12 (1), and the 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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