A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles without permission from the competent authority.

1. Nevertheless, from around December 27, 2016 to February 6, 2017, the Defendant laid down a size of about 18,367 square meters at a height of about 3 meters to 4 meters from the apartment construction site on the land, Seo-gu Incheon, Seo-gu, Incheon, which is a development restriction zone without permission from the competent authority, to treat earth and sand discharged from the apartment construction site, and changed the form and quality of the land by raising a size of about 50 cm to build a road on D and E land at a height of about 50 cm to 7,418 square meters from the height of about 70 cm to 70 cm.

2. The Defendant did not comply with the corrective order issued by the head of Seo-gu Incheon Metropolitan City Office to the effect that “the land that changed the form and quality without permission is restored to its original state” with respect to the change of the form and quality of the above land within the period as follows

A. On January 10, 2017, the Defendant did not comply with the corrective order to reinstate the original state by February 10, 2017.

B. On February 10, 2017, the Defendant did not comply with a corrective order to reinstate the original state by February 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The application of the statutes governing the voluntary maintenance of violations within the location map and field photographs, and each development restriction zone;

1. Article 32 Subparag. 1, the proviso to Article 12 Subparag. 1, Article 32 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Acts concerning facts constituting an offense, and Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development;

1. Selection of alternative imprisonment with prison labor (to be taken into account persons who have committed negative sentencing, such as the attitude and scale of changing the form and quality, and failure to recover the original state);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the concurrent imposition of administrative sanctions and the necessity for treatments within society in light of good character and behavior);

1. The community service order under Article 62-2 of the Criminal Act;