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(영문) 인천지방법원 2013.04.12 2013고정685

개발제한구역의지정및관리에관한특별조치법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a natural green area, who conducts goods storage business, such as removal from the trade name in Namdong-gu Incheon Metropolitan City B, which is a development restriction zone.

On December 8, 2006, the Defendant was sentenced to a fine of KRW 5 million for an act of piling up containers without permission within the development restriction zone at the Incheon District Court on December 8, 2006 as a crime of violating the Act on Special Measures for Designation and Management of Development Restriction Zones. On August 10, 2010, the Defendant was sentenced to a fine of KRW 5 million for an act of failing to comply with the corrective order of the head of Nam-dong Incheon Metropolitan City to remove 200 containers without permission within the development restriction zone and restore them to the original state. On October 4, 2011, the Defendant was sentenced to a fine of KRW 5 million for an act of failing to comply with the corrective order of the head of Nam-dong Incheon Metropolitan City to remove 270 containers without permission within the development restriction zone and restore them to the original state.

Around October 19, 2012, the Defendant was issued a corrective order to remove approximately 270 containers illegally loaded in the total floor area of 1,393 square meters within the above development restriction zone from the head of Nam-dong, Incheon Metropolitan City, and to restore the original state to the original state at the same place of business.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A certificate of land use plan;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and three copies of judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times within a short period of time;

1. Article 31 (2) 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting a crime;

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

1. The order of provisional payment;