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(영문) 서울동부지방법원 2017.06.13 2017고정622
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or Stockpiling articles in a zone subject to development restriction without permission, in violation of the Act on Special Measures for the Designation and Management of Areas subject to development restriction;

Nevertheless, in 2006, the Defendant purchased dry field (11,831 square meters) located in Gwangju-si, Gwangju-si, Gwangju-si, 2006, and constructed a building with approximately 50 square meters inside a vinyl house, which had been located in the same land, and used it for residential purpose until November 2, 2016.

2. Any person who engages in an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting down bamboo and trees, dividing land, piling-up goods or piling-up goods without obtaining permission in a zone subject to special measures for the designation and management of a zone subject to development restriction (non-compliance with a corrective order) and in violation of the Act on Special Measures for the Designation and Management of Areas subject to development restriction shall comply therewith, where the head of a Si/Gun/Gu orders the removal, closure, remodeling or relocation of buildings, structures,

Nevertheless, the Defendant, on November 2, 2016, issued a corrective order under the name of the Chapter D to reinstate the violation of the “1.” until December 5, 2016, and did not comply with the order without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of offenses and a certificate of land use plan;

1. Application of the Acts and subordinate statutes to the notification of an accusation or restoration order;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development; and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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