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(영문) 인천지방법원 2015.03.13 2015고정287

개발제한구역의지정및관리에관한특별조치법위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, etc. within a development restriction zone without obtaining permission or making a report thereon.

In addition, a person who violates the above shall comply with the corrective order of the head of the Si/Gun/Gu.

Nevertheless, on October 30, 2012, the Defendant constructed a steel pipeline warehouse of 18 square meters without permission or reporting to the Seo-gu Incheon, Seo-gu, Incheon. On July 29, 2014 (Urban Development Division-1053) and September 5, 2014 (Urban Development Division-12391) by the head of the Incheon Seo-gu, which was ordered by the head of the Gu of Seo-gu to restore to the original state on two occasions, but failed to comply with the order.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a letter of accusation (including attached documents), photograph, related documents (section 8 of the investigation record);

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Article 32 subparag. 1 of the Act on Special Measures for Designation of Areas of Restricted Development and Article 12 (1) (the occupation of construction without permission or reporting), Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.