logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.07.22 2020고단47
개발제한구역의지정및관리에관한특별조치법위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, who operates a riding club with the trade name “H” in each land in Kimhae-si B, C, D, E, F, and G designated as a development restriction zone, was ordered at the above H office on February 27, 2019 by the “voluntary notification of a corrective order to restore the illegal act within a development restriction zone” on April 12, 2019, which was extended without permission by April 12, 2019, the Defendant failed to implement the restoration of the original state to the last resort (1,00 meters of the steel pipe structure, 202 square meters of the steel pipe structure, 575 meters of the steel pipe structure, 575 meters of the toilet (prefabricated panel type, 7.68 meters of the square), and the alteration of the shape and quality of the horse (1,00 meters of the square).

Around July 2019, the Defendant continued to install a steel pipe structure (60m) for the use of the head of the district office of education and the escape room, a steel pipe structure for the use of the passage (100m square), a steel pipe structure for the use of the indoor marina (130m square), and two container boxes for the use of the lodging room (18m square meters for the first floor, 24m square meters for the second floor), respectively, within the relevant riding track, which is a development restriction zone, without obtaining permission for the jurisdictional Kim Sea market.

Accordingly, the Defendant did not obtain permission from the jurisdictional Kim Sea Market, install structures, etc. in the development restriction zone, and did not comply with the corrective order of the jurisdictional Kim Sea Market.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing violations;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Unauthorized Development) and Article 12 (1) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Unauthorized Development) concerning facts constituting the crime, Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and selection of fines;

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 sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order is not limited to the number of illegal structures of this case, and the defendant is newly illegal after the corrective order was issued.

arrow