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(영문) 수원지방법원 성남지원 2016.07.13 2016고정656
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

1. Although no one commits an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, dividing land, etc. in an area subject to development restriction, such as the installation of an unauthorized structure, etc., the Defendant without obtaining permission from the competent authority, installed one steel-frame bridge in Seongbuk-gu, Sungnam-gu, Seoul, and D Small Rivers, which is a development restriction zone, on May 28, 2015.

2. On February 2, 2016, the Defendant in violation of the corrective order did not comply with the corrective order without justifiable grounds despite the receipt of the notice stating the order from the head of Sungnam-gu, Sungnam-gu to the original state by February 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to corrective orders following illegal activities of development restriction zones;

1. Article 32 Subparag. 1 and Article 12 Subparag. 1 (a) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Acts concerning criminal facts; Article 32 Subparag. 2 and Article 30(1) (a) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; and the Selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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