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(영문) 인천지방법원 2014.06.11 2014고단2510

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspended execution in accordance with the Act on Special Measures for Designation and Management of Areas of Restricted Development at the Incheon District Court and the same year.

6. 29. The above judgment becomes final and conclusive and is currently suspended.

The Defendant is a person who engages in plastic recycling business under the trade name of “C” in Nam-gu Incheon Metropolitan City B.

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 within a development restriction zone without permission or reporting thereon, and implement a corrective order issued by the competent authority on matters in violation of statutes.

The Defendant, without obtaining permission from the competent authority, installed illegal buildings, such as containers (39 square meters) and steel pipe tanks 120 square meters, on the said “C” site, which is a development restriction zone, and did not comply with the corrective order issued on August 6, 2013 to the effect that, in relation to the illegally pilinging of plastic goods, etc. on the land of approximately 256.5 square meters, the Defendant issued a corrective order to restore the said goods to the original state from the competent Incheon Dong-gu Office until August 25, 2013.

Around August 27, 2013, the Defendant continued to comply with the corrective order, which was issued by the office of the competent Incheon Metropolitan Dong-gu to restore to its original state on September 4, 2013, but did not comply with the said order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Application of Acts and subordinate statutes to copies of accusation, photographs, related documents, etc.;

1. Subparagraph 2 of Article 32 and Article 30 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones under the relevant Acts 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the period of suspension of execution for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act is under way, the order of provisional payment is not fulfilled.