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(영문) 의정부지방법원 2017.11.30 2017고정1233
수도법위반등
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No activities, such as construction of buildings, alteration of the purpose of use, installation of structures, alteration of form and quality of land, etc. shall be conducted in districts subject to the restriction on development, in violation of the Act on the Designation and Management of Areas subject to the restriction on development, and if necessary, such activities

Defendant

A, without permission from the competent authority on March 2014, a development restriction zone, was newly constructed a building of 24.5 square meters in the building of a light-weight panel in Nam-si, Namyang-si, which is a development restriction zone, in order to use it as a non-forest facility around October 2014, and a warehouse of 12 square meters in the steel-frame structure was extended to use it as a non-forest facility.

2. Any person who intends to newly construct, extend, rebuild, rebuild, relocate, alter, remove, or otherwise alter a building or any other structure within a water-source protection area in violation of the Water Supply and Waterworks Installation Act shall obtain permission from the competent Mayor;

Defendant

A, without permission from the competent authorities, newly constructed and extended a building as described in paragraph 1.

Summary of Evidence

1. The defendant A's partial statement

1. The written accusation, the statement report on the preparation of E, the results of a business trip, the investigation report on offenses, the examination report on current status, photographs, all certificates of registered matters, the land use plan confirmation, on-site photographs, and each investigation report (the currency of a public official in charge

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Subparagraph 2 of Article 32 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of the relevant Article of the Act on Special Measures for the Establishment of Areas subject to Restriction on Development (the occupation of an unauthorized building in a development-restricted zone), Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act, and Article 7 (4) subparagraph 1 of the Water Supply and Waterworks Installation Act (the occupation of an unauthorized building in a water source protection zone);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the provisions of Articles 40 and 50 of the Water Supply and Waterworks Installation Act between the crimes of violating the Water Supply and Waterworks Installation Act and the crimes of violating the Act on Special Measures concerning the Designation and Management of Areas subject to Development Restriction, and a punishment provided

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the key issue of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the defendant A and his defense counsel's assertion is as shown in the facts charged in the instant case.

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