도시및주거환경정비법위반
Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
The Defendant is a person who is operating a recycling venture company with the trade name of Co., Ltd., and on April 18, 2012, the Defendant leased from F, a proprie E (a size: 165.7 square meters, land category: b) in Bupyeong-gu, Incheon (a size: 165.7 square meters, land category, etc.) located within
On September 7, 2012, the Defendant: (a) packaged a concrete package with 150 square meters on the same site; (b) changed the form and quality by covering the sand; and (c) continuously installed a entrance of double metal materials of a size less than 9 meters in width and 2 meters in height on September 10, 2012.
However, the person who intends to perform an act prescribed by the Presidential Decree, such as construction of buildings, installation of structures, change of the form and quality of land, gathering of soil and stones, division of land, piling up of goods, etc. within the rearrangement zone as the zone for the redevelopment and rearrangement of the D House E shall obtain
Nevertheless, the Defendant installed changes in form and quality and structures without obtaining permission from the head of the Gu.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant Article of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents concerning criminal facts and Articles 85 subparagraph 1 and 5 (1) of the Act on the Maintenance and Improvement of Urban Areas;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant asserts that the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act was aware that the same act as the facts constituting a crime was not committed because he/she failed to interpret the Act well, and that such mistake constitutes a mistake of law under Article 16 of the Criminal Act.
However, Article 16 of the Criminal Code provides that "the act of misunderstanding that one's act does not constitute a crime under the law shall not be punishable only when there is a justifiable reason for misunderstanding." It does not merely mean a site of law, but generally constitutes a crime, but in special cases, it shall be governed by the law.