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(영문) 부산지방법원 동부지원 2020.05.20 2020고정51
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture, who is the owner of land B in Busan.

1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. in a development restriction zone without permission from the competent authority within the development restriction zone;

Nevertheless, around December 2018, the Defendant constructed a stone shed with a length of 4 meters, height of 1m, and width of 0.6m in the area of 10m square meters without obtaining permission from the head of the Gun, who is the competent authority, in Busan-gun, Busan-gun, which is a development-restricted zone.

2. The head of a Si/Gun/Gu may issue a corrective order, if he/she fails to obtain permission or violates the Act on Special Measures for Designation and Management of Areas of Restricted Development, to install structures in violation of the details of permission, and the person in receipt of the corrective order shall comply therewith;

Nevertheless, even if the defendant received a corrective order from the head of the plane captain around April 25, 2019 that "the restoration of the violation described in paragraph (1) to the original state is ordered by May 25, 2019, the defendant did not comply with it by the above deadline without justifiable grounds."

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a location map and on-site photograph, a prior notice of disposition, and a corrective order and warning against offenses within a development restriction zone;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12(1) (a) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; 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 for each type of fine;

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)1 of the Criminal Act for the detention of a workhouse;

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