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(영문) 인천지방법원 2015.10.15 2014고단7797
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for nine months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone against Defendant A shall obtain permission from the competent authority;

Nevertheless, without permission, the Defendant cut the land of Seo-gu Incheon, Seo-gu using equipment, such as poles and dump trucks from March 2014 to April 2014, and cut stone and sand on approximately 8,000 square meters of the aforementioned D land, and installed 32 concrete columns.

2. A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone against Defendant B shall obtain permission from the competent authority;

Nevertheless, from May 2012 to August 2013, the Defendant, without permission, changed the form and quality of land by raising approximately 1.8m-2m-2m in height to approximately 46,00m of land outside Seo-gu, Incheon, Seo-gu, Incheon, using equipment, such as dump trucks and shotdoers.

Summary of Evidence

1. Statement made by Defendant A in the first trial records, and statement made by Defendant B in the second trial records;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes of the business trip name, location map, on-site photographs, and restoration order of illegal acts;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) 1 of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

1. Defendant B of the order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Although Defendant A does not have the same force, it has four times of punishment, three times of suspended execution, and twelve times of fine, the restoration to the original state, the recognition and reflect of the crime, and other punishment as ordered, taking into account the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, circumstances after the crime, etc.

2. Defendant B.

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