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(영문) 인천지방법원 2016.02.16 2014고정3411

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on July 2013, the Defendant did not obtain permission from the competent authorities, and changed the form and quality of the land covered by the soil of approximately KRW 1-1.5 meters high from a height of approximately KRW 2,967 square meters, which is a development restriction zone in Gyeyang-gu, Incheon. The Defendant changed the form and quality of the land. On July 2013, 2013, the Defendant filled a fume with soil of approximately 2.5 meters high.

2. From July 8, 2013 to December 10, 2013, the Defendant failed to receive the content certification under the name of the head of Gyeyang-gu Incheon Metropolitan City, through his/her spouse, etc., on three occasions, to restore the aforementioned unlawful matters to its original state. < Amended by Act No. 11904, Jul. 4, 2013>

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A written accusation;

1. A letter of business trip;

1. Application of each statute on photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development, the proviso to Article 12(1), Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the Selection of fines

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 defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel's assertion that the reclamation of fume in the pertinent land in relation to Gyeyang Gyeyang-gu Incheon is inevitable with the consent of Seoul Special Metropolitan City, which is the landowner, to maintain the function as waterway, and there is no intention or illegality awareness or social norms.