개발제한구역의지정및관리에관한특별조치법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant, as a natural green area, was issued a summary order of KRW 5 million by the Incheon District Court on February 10, 2004 as a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, and was sentenced to a fine of KRW 5 million by the same court as the same crime on December 8, 2006, and subsequently issued a summary order of KRW 5 million by the same court on August 10, 2010 due to the failure to comply with the corrective order of the head of the Nam-gu Incheon Metropolitan City on the said development restriction zone to remove containers illegally stored in the said development restriction zone and restore them to their original state. On October 4, 2011, the Defendant was issued a summary order of KRW 5 million by the same court on August 10, 2010 by a fine of KRW 7 million at the same court on the same offense, and was subject to a summary order of KRW 7 million at the same court on April 12, 2013.
On October 6, 2014 and October 20, 2014, the Defendant habitually issued a corrective order to remove approximately 96 containers loaded without permission from the head of Nam-dong, Incheon Metropolitan City on the total floor area of the said development restriction zone and restore them to its original state on two occasions, but did not comply with the corrective order.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. A written accusation;
1. Location map and current status photograph;
1. Previous convictions: Criminal records, investigation reports (verification of previous convictions, etc.), previous convictions related to the same kind of offense, and copies of summary orders;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 31 (2) 2 and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and of Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;
1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.