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(영문) 인천지방법원 2014.05.29 2014고정1493

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the public disease recycling business under the trade name of “C” on two lots outside Gyeyang-gu Incheon.

Any act of constructing a building, altering the purpose of use of a building, piling-up of goods, etc. in a development restriction zone shall obtain permission from the competent authority, and implement it upon receipt of a corrective order issued by the competent authority.

1. The Defendant, without obtaining permission from the competent authority from August 12, 2013, up to January 2, 2014, he stockpiled goods, such as piling up a box containing a wound from approximately 2,00 square meters of two parcels outside Gyeyang Gyeyang-gu, Incheon, the development restriction zone, from August 12, 2013 to January 2014.

2. The Defendant issued a corrective order from the head of Gyeyang-gu Incheon Metropolitan City on August 14, 2013 to order the restoration to its original state until September 13, 2013; the corrective order from the head of Gyeyang-gu on September 23, 2013 to order the restoration to its original state until October 17, 2013; the corrective order from the head of Gyeyang-gu on October 24, 2013 to the head of Gyeyang-gu on December 10, 2013; and the corrective order from the head of Gyeyang-gu Office on December 20, 2013 to the restoration to the original state until January 10, 2014; and the Defendant failed to comply with it, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting the crime, Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Articles 32 subparagraph 2 and 30 (1) of the Act on Special Measures

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

1. Articles 70 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;