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(영문) 수원지방법원 안양지원 2016.04.15 2016고정68
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant shall be the lessee of the land owned C in Gyeyang-gu B in Gyeyang-gu, the development-restricted area of which is the Defendant;

No one shall 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 articles, etc. in a zone subject to development restriction.

Nevertheless, the Defendant used one vinyl house installed on the said land from March 20, 2012 to September 4, 2015 as a stable without permission of the head of Ansan-si.

Accordingly, the defendant changed the use of the building without obtaining permission from the competent authorities in the development restriction zone.

2. On October 14, 2014, the Defendant, who failed to comply with the corrective order, was ordered by the head of Ansan-gu Mayang-si to restore the violation of the preceding paragraph to its original state by November 14, 2014, and did not comply with the corrective order, issued on November 25, 2014 to restore the original state to its original state until December 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Written charge of the detention center office;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development; and Selection of fines, respectively;

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

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

1. Taking into account the fact that the defendant completed measures for restoration from the filing of a summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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