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(영문) 서울중앙지방법원 2014.12.18 2014고단5570
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

1. No building or altering the purpose of use of a building, installation of a structure, change of the form and quality of land, partition of land, piling up articles, cutting down bamboo and trees, etc. within a development restriction zone without obtaining permission from the competent authority;

Nevertheless, on November 2012, the Defendant constructed four buildings of the structure of the sand position panel on the land located in Seocho-gu Seoul Metropolitan Government, D, and E, which is a development restriction zone, without obtaining permission from the competent administrative authority, and filled up various kinds of scambling tools, etc. (the total area of 153.58 square meters).

2. No building or altering the purpose of use of a building, installation of a structure, change of the form and quality of land, partition of land, piling up articles, cutting down bamboo and trees, etc. shall be allowed within a development restriction zone without obtaining permission from the competent authority

Nevertheless, on November 2012, the Defendant changed the form and quality of land by making parking lots and access roads (total area of 72 square meters) at a height of 0.5-1m from the Seocho-gu Seoul Metropolitan Government F and G land located in a development restriction zone, without obtaining permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The accusation, explanatory note, location map, and on-site photograph;

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

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the same Act concerning facts constituting an offense.

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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