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(영문) 수원지방법원 성남지원 2016.08.18 2016고정755
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction without permission from the competent authority, and any person who has received a corrective order from the competent authority for an unlawful act within the zone subject to development restriction shall comply with such order.

On April 15, 2013, the Defendant did not comply with a corrective order issued on April 15, 2013, to the effect that the Defendant constructed a simple residential building with approximately 20m20m3 square meters away from the Hanam market in the residence of the Defendant located in Gyeonggi-si, Gyeonggi-do, with the purport that the Defendant would restore the original state to its original state until May 20, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation, investigation reports on illegal acts, each photograph, ledger of land, confirmation of land use plan, cadastral map copy, and corrective order;

1. Subparagraph 2 of Article 32 and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 and Article 30 of the same Act concerning facts constituting an offense;

1. Voluntary removal of an alternative fine;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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