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(영문) 의정부지방법원 2016.06.15 2016고정627
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

No one shall construct buildings, change their use, install structures, change the form and quality of land, etc. in a zone subject to development restriction without permission from the head of a Si/Gun/Gu.

Nevertheless, on April 2014, the Defendant added concrete to land equivalent to 88 square meters in Nam-si, Namyang-si, which is a development restriction zone, without permission of the Namyang-si market, and changed the form and quality thereof. On May 2014, the Defendant added concrete to land equivalent to 80.75 square meters in Namyang-si without permission of the Namyang-si market, and changed its form and quality.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written accusation, written investigation of offenses, ledger of each land (section 16, 22) and land use plan;

1. Application of current status photographs, field photographs and statutes;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Specific Development for Facts constituting an offense;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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