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(영문) 인천지방법원 2013.11.15 2013고정3560

개발제한구역의지정및관리에관한특별조치법위반

Text

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

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

Reasons

Punishment of the crime

No one shall construct a building within a development restriction zone without obtaining permission from the competent authority, and where a person violates such order, the competent authority may issue a corrective order, such as voluntary removal, closure, etc. of the building to a violator, such as the owner, manager, occupant, etc. of the building used for the violation, and the violator shall comply with the corrective order issued by the competent

1. Nevertheless, the Defendant, without obtaining permission from the competent authority around June 201, constructed a building equivalent to 40 square meters in a riding track operated by the Defendant located in Seo-gu Incheon, Seo-gu, Incheon, which is a development restriction zone.

2. The defendant who violated corrective orders on April 23, 2013 and the same year.

6.8. Around August, 2000, the court failed to comply with a corrective order (voluntary removal of an unlawful building) issued by the competent authority for the foregoing reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as an accusation, accusation, photograph, and related documents within a development restriction zone;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (a point where a building has not been permitted), Article 32 Subparag. 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 and Management of Areas of Restricted Development and the Selection of fines for each type of fine;

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;