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(영문) 인천지방법원 2015.09.24 2015고정1886

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who conducts landscaping business using trees and flowers he/she cultivates with the trade name "F" located in Seo-gu Incheon.

Any person who intends to perform an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up goods, etc. within a development-restricted zone may do such act with permission from the Special Self-Governing City Mayor, the Special Self

Nevertheless, the Defendant violated the foregoing development restriction zone without permission from November 1, 2014 to January 14, 2015 by moving part of the Defendant who was illegally laid down in G on sculptures, steel structures, etc. which are used for landscaping business, and was discovered and was ordered to take corrective measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Each police statement to K;

1. Each investigation report (field investigation, suspect investigation, suspect or telephone investigation);

1. Voluntary rearrangement order within each development restriction zone (G, L);

1. Each location map, on-site photographs, photographs of the unauthorized site verification, and photographs of the on-site verification;

1. Application of statutes on land use information;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Selection of Fines concerning facts constituting a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, without permission, issued a corrective order by placing sculptures, etc. on another land within a development restriction zone without permission, and then placing the sculptures, etc. in the development restriction zone of this case without permission, is not good in nature of the crime. Meanwhile, the defendant did not seek an appropriate place in the course of implementing the corrective order.