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(영문) 의정부지방법원 2014.03.20 2014고정139
개발제한구역의지정및관리에관한특별조치법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall construct buildings or change the purpose of use, install structures, change the form and quality of land in a development restriction zone without permission from the competent Mayor, etc.;

Nevertheless, from July 2010 to May 2013, the Defendant, without permission, newly constructed or installed a residential facility and a warehouse of 156 square meters in total in the area of Yangju-si B and the natural green belt in Yangju-si, which is a development restriction zone, without permission, and changed the form and quality of forests of 1,950 square meters in total floor area to residential facilities, etc.

Accordingly, the Defendant violated the restriction on the act in the development restriction zone.

2. Around July 2010, the Defendant violated the Building Act, without filing a construction report with the competent authority, constructed a housing facility with a size of 60 square meters and 36 square meters without permission using the light board.

Summary of Evidence

1. Defendant's legal statement;

1. The application of accusation, illegal investigation cards, field photographs, and video-related statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Individual Restriction Zones, Article 12(1) of the former Act on Special Measures for the Designation and Management of Individual Restriction Zones (Amended by Act No. 12372, Jan. 28, 2014); Article 111 Subparag. 1 of the former Building Act (Amended by Act No. 12246, Jan. 14, 201); Article 14(1) of the former Building Act (Amended by Act No. 10559, Apr. 14, 201)

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

1. Articles 70 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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