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(영문) 창원지방법원 2019.10.02 2019노1001
개발제한구역의지정및관리에관한특별조치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)

A. In light of the legal principles, the Defendant did not comply with the correction order identical to that issued in the previous case, and the Defendant still remains committing an illegal act. Therefore, the Defendant’s nonperformance of the correction order in the instant case does not constitute a separate illegal act. 2) Since the correction order was issued without giving prior notice and giving opportunity to present opinions in accordance with the Administrative Procedures Act in the instant case, it is unlawful, and the Defendant cannot be punished since it did not comply

B. The lower court’s sentence on the Defendant of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the Defendant asserts that the content of the order for correction, which he did not perform previously, is identical to that of the previous order for correction, and this is examined.

According to the records, the Defendant: (a) around October 16, 2015, at Kimhae-si, Kimhae-si, a development-restricted zone; (b) at Da, E, F, and G, one store with a steel pipe structure of 416 square meters; (c) one store with a steel pipe structure of 66 square meters; (d) one store with a container of 18 square meters; (e) one purification facility with a steel pipe structure of 21.6 square meters; (e) one store with a steel pipe structure of 218 square meters; (g) one store with a container of 12 square meters; (g) one toilet with a container of 12 square meters; and (g) one warehouse with a container of 18 square meters and one warehouse of 18 square meters; and (g) issued a corrective order of 16.4 square meters from his/her residence to 16.5 square meters on April 14, 2016; and (g) issued the above corrective order of 16.6.5 square meters.

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