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(영문) 의정부지방법원 2015.07.16 2015고정1230
개발제한구역의지정및관리에관한특별조치법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay a fine, 100,000 won.

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, on October 2013, the Defendant, without obtaining permission from the head of Si/Gun/Gu, changed the use of 198 square meters for animal and plant-related facilities (a mushroom cultivation company) located in Nam-si, Nam-si, C, D, and E (each land category field), as a Do dog manager. At the same time, the Defendant installed one Do dog with 41.25 square meters in a warehouse of 10 square meters, one dong, and one 4 square meters in a warehouse of 41.25 square meters, and changed the form and quality of 835 square meters in a playground at the same place.

Summary of Evidence

1. A statement in court and a written accusation of the defendant;

1. A statement of investigation of offenses;

1. Current status photographs;

1. The ordinary building ledger;

1. The application of Acts and subordinate statutes to existing buildings;

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 concerning facts constituting an offense;

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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