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(영문) 인천지방법원 2020.10.16 2020고정1200

개발제한구역의지정및관리에관한특별조치법위반

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of land B, C, D, and E in Gyeyang-gu, Incheon.

No one shall construct a building or alter the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles within a development restriction zone without permission from the competent authority.

Nevertheless, from September 10, 2019 to around the 25th day of the same month, the Defendant laid aggregate on a farm road of approximately 400 square meters in the above land to alter the form and quality of the land, cut and filled up the surrounding land of approximately 1,200 square meters in the bend, and installed a soil of approximately 300 square meters in the area of approximately 300 square meters in the aggregate of two containers.

Summary of Evidence

1. Defendant's legal statement;

1. A public official in charge and a written accusation;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones and Selection of fines for facts constituting an offense ( considered that the defendant has completed reinstatement after the issuance of a summary order);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;