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(영문) 인천지방법원 2014.04.02 2014고단777

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No one shall construct a building or alter the purpose of use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles in a development-restricted zone, in violation of Article 12 (1) of the Act on Special Measures for Designation and Management

Nevertheless, from early October 2013 to November 28, 2013, the Defendant stockpiled 1,653 square meters of miscellaneous land owned by the Defendant in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is located within a development restriction zone, and 129 containers without permission.

2. A defendant who violated Article 30(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development was ordered by the head of Nam-gu Incheon Metropolitan City to restore the violation under the preceding paragraph to the original state by October 18, 2013 from October 8, 2013, and was ordered to request correction to the original state by November 15, 2013 following the date of November 201, 2013.

Nevertheless, the Defendant did not comply with the above corrective order until November 28, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Accusations, location maps and field photographs of illegal acts in development restriction zones, written statements of employees of the Incheon Southern-gu Office, corrective orders, instruction for correction, application of land use planning confirmation Acts and subordinate statutes;

1. Article 32 Subparag. 1, Article 12 (1), subparagraph 2 of Article 32, Article 30 (1) and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development as to facts constituting an offense, and the selection of fines;

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. Determination as to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act does not mean that the Defendant himself/herself, as the owner of the instant land, is only the lessor, and is not the owner of a container loaded therein, and thus, he/she does not directly perform the act of piling up