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(영문) 창원지방법원 2020.05.08 2019고단3766
개발제한구역의지정및관리에관한특별조치법위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around May 2017, the Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development due to Construction of Unauthorized Manager was the owner of the land B in Kimhae-si, designated as a development restriction zone, and installed one container structure of 18 square meters in size on the said land without obtaining permission from the competent Kim Sea market.

2. On March 13, 2019, the Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development due to the non-performance of corrective orders, which orders the head of the relevant Kimhae market to restore container structures for the use of the manager from the dwelling area of the Defendant in the above B, to the original state, “the notification of the order to voluntarily restore the violation

5. At the same place of 20.20. Each “Notice of Voluntary Performance of Corrective Order within Development Restriction Zones” was received from the same Kimhae market’s name, but did not restore the same to its original state until June 28, 2019, which is the set time limit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation, location map of illegal acts, notification of a corrective order (1) for restoration to the original state, and notification of a corrective order (2j);

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Unauthorized Development) and Article 12 (1) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Unauthorized Development) concerning facts constituting the crime, Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management 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 provides that the period for which the corrective order for an illegal building for sentencing has not been implemented is shorter than the period for which the corrective order for the reason of sentencing has not been implemented, on the other hand, the defendant repents and reflects the error, the restoration to the original state has been completed after the institution of a prosecution, and the defendant has the power

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