개발제한구역의지정및관리에관한특별조치법위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, or conduct an urban or Gun planning project in a development restriction zone shall obtain permission from, or report to, the competent authority.
Nevertheless, on July 2019, the Defendant created farmland (620 square meters) by installing a vinyl house on the land adjacent to the land adjacent to the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, which is designated as a development restriction zone without obtaining permission from the head of Nam-gu, Incheon Metropolitan City.
Accordingly, the Defendant illegally changed the form and quality of land in a development restriction zone without permission from the competent authorities.
Summary of Evidence
1. Defendant's legal statement;
1. The application of the location map of accusation and the statutes on site photographs;
1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12(1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, without the permission of the competent authority, installs a plastic house within a development-restricted zone and constructs a lot of farmland in a size without the permission of the competent authority.
However, considering the fact that the Defendant appears to have taken measures to restore to its original state, such as removing plastic houses, the Defendant’s age, character and conduct, economic situation, motive and mode of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking account of various sentencing conditions in the instant case.