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(영문) 수원지방법원 성남지원 2015.09.18 2015고정790
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

1. No person without permission shall construct buildings, change the use of buildings, install structures, change the form and quality of land, stockpile goods, etc. within a development restriction zone without permission from the competent authority;

Nevertheless, around November 201, the Defendant newly constructed a residential building with a steel pipe in the area of 54 square meters in the area of B forest land 79,835 square meters in Hanam-si, Chungcheongnam-si.

2. Any occupant of land in a development restriction zone who fails to comply with an order to reinstate shall implement a corrective order issued by the competent authority on the ground of such violation.

The Defendant was ordered to restore a building to its original state on August 10, 2014 from the subordinate market around July 22, 2014 for an unlawful act that newly constructed a building without permission on the above land, which is a development restriction zone, to the original state, but did not comply with the order.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation and an investigation report on offenses;

1. A summary floor plan and current status photograph;

1. Application of statutes to a written corrective order;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development; and Selection of fines;

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

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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