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(영문) 의정부지방법원 2020.06.18 2020고정665
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall construct a building, alter the purposes of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods in a development restriction zone without permission of the competent authority, and shall comply with a corrective order issued by the competent authority where the relevant act is discovered.

1. Nevertheless, around January 2019, the Defendant installed a container of three meters wide, three meters long, and two meters high without permission of the two-way market at Yangju-si B, C, and D, and he stockpiled construction materials, such as water pumps, and changed the form and quality by converting the relevant land into the site.

2. Nevertheless, on September 3, 2019, the Defendant did not comply with a corrective order issued from the Gu Ri market to the effect that the Defendant will restore the original state to the original state by October 1, 2019 at the place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written E (public officials in charge)

1. A business trip report (a business trip on June 18, 2019);

1. Each tort card, each location map, cadastral map, and each current status photograph;

1. A copy of a corrective order against illegal acts in a development-restricted zone (public notice) - a copy of a notice of urging to take corrective measures against illegal acts in a development-restricted zone on September 1, 2019 - a full certificate of each registered matter on October 1, 2019;

1. Application of statutes on land use plans;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) (the occupation of an unauthorized development restriction zone), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Selection of fines for each crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize the facts charged in the instant case and to reflect his mistake.

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