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(영문) 서울중앙지방법원 2014.12.15 2014고정4877
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, store goods, etc. within a development restriction zone, and where he/she violates this, he/she shall comply with a corrective order related to the suspension of construction of the head of the Gu, etc., or removal, closure or relocation of a building, structure, etc. for a reasonable

The defendant shall restore from the head of Gangnam-gu to its original state a structure (28 square meters) installed in his/her greenhouse in Gangnam-gu Seoul Metropolitan Government B, which is a development restriction zone, to its original state until August 15, 2014.

"A corrective order" was issued on July 22, 2014 at his/her residence in Echeon-si C but did not comply with the corrective order.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and accompanying documents;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of postal receipt);

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 an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he/she did not receive an examination from the Gangnam-gu Office for about ten years since he/she installed a structure recorded in the crime in around 2003, and the Gangnam-gu Office issued a corrective order in 2014.

Defendant has no record of criminal punishment except for fines once.

Criminal facts

From July 22, 2014, the amount of fine was determined in consideration of all the circumstances on the sentencing conditions, including the period from the date of notification of the size of the stated structure, the corrective order, the period from the date of restoration to the original state ( August 15, 2014), the age and financial situation of the defendant, etc.

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