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(영문) 의정부지방법원 2019.05.30 2019고정721
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a manager of 1,289 square meters of C forest land in Yangju, which is a development restriction zone B.

The Defendant, without permission from the competent authority on September 17, 2010, installed a 24 square meter (4m x 6m) with a total floor area of 24 square meters (4m x 6m) with a steel-frame structure on the land above the forest and field, a multi-use room of 6m area (4m x 1.5m x 25m m2) with a horizontal structure of the tea network, and constructed without permission. The Defendant, without permission from the competent authority, installed a b10m area on the land above the forest and field, and constructed a building without permission. The Defendant discovered any unlawful fact that changed the form and quality of land of 210m m2 out of the said forest and field for the construction site or parking lot. From the Yangju market on September 1

'' fails to comply with the corrective order within the above time limit without justifiable grounds even though the corrective order was issued.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation, location map, current status photograph, corrective order, library, land use regulation confirmation, full certificate of registered matters, and ex post facto photographic Acts and subordinate statutes on illegal acts in development restriction zones;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant did not comply with the corrective order within the given period, even though the size of the illegal building or the area to change the form and quality of the illegal building is not much significant, and

A favorable circumstances: The defendant recognizes a crime.

At present, illegal buildings have been removed and restored to their original state.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, motive means of crime, circumstances after crime, etc. and all the sentencing conditions shown in the argument and records of the

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