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(영문) 인천지방법원 2015.07.02 2015고단2245

개발제한구역의지정및관리에관한특별조치법위반

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Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authority;

Defendant

B was the owner of 2,700 square meters of miscellaneous land in Seo-gu Incheon, Seo-gu, Incheon, which is a development restriction zone, and requested Defendant A to fill the above land.

Accordingly, on September 2014, Defendant A stockpiled soil at a height of 1.6 m to 1.8m on the above land without permission from the competent authority.

As a result, the Defendants conspired to change the form and quality of land in development restriction zones without obtaining permission.

2. As described in paragraph (1) around October 29, 2014, Defendant A, without permission, did not receive a second corrective order to reinstate the land to its original state by November 28, 2014; and even if Defendant A received a second corrective order to reinstate the land to its original state by December 22, 2014, around December 15, 2014.

Accordingly, the defendant did not comply with the corrective order of the head of Gangseo-gu on two occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A complaint or accusation against a violation within a development restriction zone;

1. E statements;

1. A certified copy of the register and land use plan;

1. Application of Acts and subordinate statutes governing voluntary rearrangement orders to illegal acts within each development restriction zone;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Selection of Punishment for Facts of the crime, the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Article 30 of the Criminal Act, the selection of imprisonment (including the fact that areas of violation are small

1. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (including the absence of any record of punishment exceeding the same kind of criminal record or fine, and the confession and reflecting of the crime);