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(영문) 대구지방법원 2014.07.09 2014고정1161
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an owner of 1,831 square meters of land in Daegu-gu, Daegu-gu, which is located in a development restriction zone, and is a person who cultivates the degree of 500 lost liquor.

No one shall construct a building, install a structure, stockpile goods, etc. in a development restriction zone without permission.

Nevertheless, on March 2013, the Defendant installed a temporary building (container 3m x 6m 1 dong) within the above land without permission, and used it until February 18, 2014. Moreover, on the installation and use of the container, the Defendant did not restore the container to its original state even after he/she received two orders from the head of the competent Dong/Dong to restore the container to its original state.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of public official;

1. On-site photographs;

1. Confirmation of land use plan;

1. Application of Acts and subordinate statutes to an order to restore an illegal act in a development restriction zone to its original state and to restore the illegal act in a development restriction zone to its original state;

1. Selection of a fine, respectively, for facts of Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the occupation of building without permission), Articles 32 subparagraph 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the occupation of failing to comply with corrective orders) and Article 32 (1);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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