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(영문) 인천지방법원 2018.02.09 2017고정2946

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles in a zone where development is restricted without permission from the competent authority;

Nevertheless, without obtaining permission from the head of Gyeyang-gu in Incheon, the development restriction zone, and around March 2016, the defendant changed the purpose of use of one of the agricultural greenhouse of steel pipe tanks with an area of 30 square meters installed at the same ground to a special dog manager, and constructed one steel pipe shed with an area of 72 square meters around April 2017.

2. On April 14, 2017, the Defendant, who failed to comply with the corrective order, issued by the head of Gyeyang-gu Incheon Metropolitan City, an order to reinstate the said land to its original state by no later than May 19, 2017; on May 24, 2017, the Defendant did not comply with the corrective order, even though he/she received an order to reinstate the said land to its original state by no later than June 30, 2017, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Location map of a business trip (the location map and on-site photograph);

1. (B) an instruction for correction of illegal acts in a development restriction zone, and a demand for correction of illegal acts in a development restriction zone (B) an application of statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, Article 32 Subparag. 1 and Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development, Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development (the point of non-permission construction and alteration of use), and selection of fines for each crime;

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) considering the fact that the defendant divided the crime of this case; and (b) the defendant voluntarily improved the above land at the latest.