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(영문) 의정부지방법원 고양지원 2017.11.17 2016고정1190
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person shall obtain permission from the competent administrative agency to construct buildings, change the purpose of use, install structures, change the form and quality of land, divide land, store articles in a zone subject to development restriction;

Nevertheless, the Defendant, without obtaining permission from the competent administrative office, used the building materials operated by the Defendant from December 30, 2015 to March 18, 2016, such as Goyang-si C, the building materials operated by the Defendant on the land, ice writing, and waste trees as a field yard.

2. The Defendant did not obtain permission from the competent administrative office, from April 201 to June 24, 2015, and did not comply with a corrective order, even though he/she received a corrective order to reinstate the original state from the head of Seocho-gu Seoul Metropolitan Government around June 24, 2015, to restore the land specified in paragraph (1) from the beginning of April 201 to June 24, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site photographs, ctv photographs for crime prevention, on-site photographs, leaflets, and celebrhographic photographs;

1. Confirmation letter of land use plan (C), confirmation letter of land use plan (D), investigation document of offenses (Evidence Nos. 33), first and second rulings (Order of order of time), and text of the judgment (fixed Branch District Court 2015, 1168);

1. Application of investigation reports (F mobile phone verification), seven photographs, and one CD-related statute;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Punishment and Special Measures for the Designation and Management of Areas subject to Restriction on Development of Punishment (the violation of the Special Measures for Designation and Management of Areas subject to Restriction on Development due to the piling-up of Goods, Selection of Fines), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development and Measures for Designation of Areas subject to Restriction on Development and Management (the violation of the Special Measures for Designation and Management of Areas subject to Restriction on Development due to Non-performance of Time Orders, and Selection of fines);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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