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(영문) 인천지방법원 2014.06.26 2014고정992

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No building or altering the purpose of use of a building, installation of a structure, change of the form and quality of land, partition of land, piling up articles, cutting down bamboo and trees, etc. within a development restriction zone without obtaining permission from the competent authority;

Nevertheless, on October 2012, the Defendant constructed two containers (area 54 square meters) to be used as an office in the land located in Seo-gu Incheon, Seo-gu, Incheon, which is a development restriction zone, without obtaining permission from the competent authorities.

2. Within development restriction zones, no building, alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, division of land, piling-up of goods, cutting-up of bamboo and trees, etc. shall be allowed without obtaining permission from the competent authority, and where a violation is discovered, the competent authority may order the violator, such as the owner of land used for such violation

As stated in paragraph (1), the Defendant did not comply with an order issued from the Seo-gu Office, the competent authority, to rectify a violation on February 19, 2013 and April 12, 2013, with respect to the construction of two containers in a development restriction zone.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of Acts and subordinate statutes to accusation and photographs;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Articles 32 subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;