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(영문) 인천지방법원 2019.10.18 2019고정1801

개발제한구역의지정및관리에관한특별조치법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant respectively constructed a steel pipe office 32 square meters, 10 square meters, 10 square meters, 52 square meters, 52 square meters in a steel pipe, and 13.5 square meters in a wooden shed, within a development-restricted zone located in Nam-gu Incheon Metropolitan City, without obtaining permission from the head of the competent Gu, within the development-restricted zone B, and in relation to changing the form and quality of land by using a land of 200 square meters as farmland, the Defendant failed to comply with the order within a fixed period of time, even though he/she received an order to restore the land to its original state by April 3, 2019, through the public notice of the "Corrective Order for Illegal Acts

Summary of Evidence

1. Partial statement of the defendant;

1. A corrective order, business trip statement, and written statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts of crime;

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 (Article 334(1) of the Criminal Procedure Act (Article 334(1) that the land used by the defendant is not a natural green area as the public waters of the Nam-gu Incheon Metropolitan City, but is not a natural green area. However, according to the Land Use Regulation Information Service (Evidence Record No. 19), the defendant's assertion is not accepted since the above B and its public waters are designated as a natural green area.). The crime of this case on the ground of sentencing is deemed to have failed to comply with the corrective order until now, the defendant did not comply with the corrective order. Meanwhile, the defendant did not have any record of punishment for the same crime; the defendant's health is not good; the defendant's age, character and behavior, family relationship, motive and means of the crime, circumstances after the crime, etc.