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(영문) 창원지방법원 2014.01.21 2013고정1472
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by a fine of 3.5 million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

(a) No one shall construct any building in a development restriction zone without obtaining permission or in violation of any permission;

Nevertheless, on October 2012, the Defendant established a steel pipe pole on the side of an unauthorized building used for a restaurant after changing the form and quality of the existing farmland in the land of Kimhae-si, Kimhae-si, and constructed a 47 square meters without permission by covering the roof with a vinyl tent.

B. The Defendant, at the same place as in the preceding paragraph, did not restore the matter that had already been conducted without obtaining permission for alteration of form and quality, construction, etc. to its original state, even though the Kimhae market had to restore it to its original state on March 11, 201 and April 22, 2011.

Accordingly, on March 25, 2013, the Kim Sea Mayor sent a written corrective order to the defendant to restore to its original state by April 21, 2013, and the defendant did not comply with the corrective order because the defendant did not restore it to its original state within the period, even though he received it from the E located in the Hamhae-si, Hamk-si on March 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation;

1. Notification of a request for the implementation of a corrective order for restoration due to an illegal act in an outlined area;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas of Restricted Development and Punishment concerning facts constituting an offense, Article 32 Subparag. 1 of the same Act, the proviso to Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas of Restricted Development and Articles 32 Subparag. 2 and 30 (1) of the same Act, the

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

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

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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