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(영문) 인천지방법원 2014.08.21 2014고단5210

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 15, 2012, the Defendant issued a summary order of KRW 3 million at the Incheon District Court to a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, and has five identical criminal records, and is engaged in the sales business of aggregate in Incheon Southern-gu D and E construction works.

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, etc. within a development restriction zone without permission or reporting thereon, and any offender shall perform an administrative disposition against unlawful matters.

Nevertheless, around August 28, 2013, the Defendant did not comply with the corrective order, such as restoration to the original state by September 28, 2013, on the illegal act of piling up containers, materials, etc. within the development restriction zone without permission from the competent authority.

In addition, around October 14, 2013, the Defendant did not comply with the same corrective order, even though he received the same corrective order from the competent Incheon Southern-gu Office from October 21, 2013.

On June 9, 2014, the Defendant continued to comply with a corrective order issued by the competent office of Nam-gu Incheon Metropolitan City by July 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written accusation;

1. Photographs;

1. Application of statutes, such as related documents;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the defendant committed an illegal act, such as the installation of a structure without the permission of the competent authority, and the government's repeated reinstatement order was fulfilled.