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(영문) 의정부지방법원 2015.11.23 2015고정2265
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, or perform an urban/Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning project"), if he/she finds a violation, he/she may cancel such permission, and may issue a corrective order to the violator, etc. concerning the suspension of construction, the removal, closure, renovation or relocation of buildings, structures, etc., and other necessary measures within a reasonable period of time.

Nevertheless, on November 6, 2014, the Defendant received “Corrective Order and the first order for restoration to the original state” in the name of the old market stating that the Defendant shall restore the said building to its original state within 15 days from the date of service on which it was served with respect to 18 buildings, such as one building for religious facilities, the size of which is equivalent to 73 square meters and the parking lots, etc. which have changed the form and quality of the land in the above area, from around 1996, at the Defendant’s house located in the Gyeonggi-si, Gyeonggi-si., and that the Defendant shall restore to its original state within 15 days from the date of service. On December 1, 2014, the Defendant did not comply with the corrective order and the second order for restoration to the original state within 10 days from the date of service

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written investigation of violation within a development restriction zone;

1. Correction order, restoration to the original state, second appeal, each order, advance notice of the imposition of a non-performance penalty and demand for the implementation of a corrective order, and notice of the imposition of a non-performance penalty against an illegal act in

1. All on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting a crime;

1. Detention at a workhouse;

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