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(영문) 의정부지방법원 2018.04.04 2018고정281
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods, etc. in a development restriction zone with the spouse of C registered as the owner of B miscellaneous land from around October 16, 2015 to June 13, 2017, the Defendant, from around December 16, 2015, shall obtain permission from the competent authority.

On March 2017, the Defendant, without obtaining permission from the competent authority, dismantled the roof of two greenhouses (245.2m2m2, 242.9m2) which are animal and plant-related facilities in Namyang-si, Nam-si, which is a zone subject to the restriction of development, dismantled, and packaged a building by adding one meter from 5.5m2m2 to one meter in height of the existing building, and packaged the area of 433m2m2 around the building as concrete in order to use it as a parking lot.

Accordingly, the defendant constructed buildings and changed the form and quality of land in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to investigation reports on offenses, photographs of current status, building ledgers, land registers, and land use planning personnel;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selective Development of Punishment and Specific Measures concerning Facts constituting an offense, the proviso to Article 12(1) of the same Act, 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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