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(영문) 서울중앙지방법원 2015.11.23 2015고정3645
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who owns land in a development restriction zone, the land category of which is whole land in Jongno-gu Seoul Metropolitan Government D.

No person shall engage in any restricted act, such as construction of buildings, in a development restriction zone: Provided, That a person who intends to do such act may do such act with permission from the head of the competent Gu in certain cases.

Nevertheless, around May 23, 2015, the Defendant installed one room in the studio form, a kitchen, and a temporary structure of a sandd position panel (49.5 square meters) in the studio form and used it for residential purposes without obtaining permission from the head of the competent Gu in Jongno-gu Seoul, Jongno-gu, Seoul, which is a development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation by the head of Jongno-gu;

1. A public official's statement, report on occurrence of offenses, location map, and current status photograph;

1. Application of Acts and subordinate statutes to investigation reports (land register and issuance of written confirmations of land use plan);

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12(1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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 of the provisional payment order;

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