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(영문) 인천지방법원 2013.09.13 2013고정2615
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The construction, alteration to the form and quality, etc. of a building in a development restriction zone shall obtain permission from the competent authority, and where a building, alteration to the form and quality, etc. is conducted without obtaining permission, it shall be implemented upon receipt of

1. Nevertheless, on March 2013, the Defendant, without obtaining permission from the competent authority, laid off the soil by using a vehicle with a height of 1 to 1.5 square meters from the land located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is a development-restricted zone (pre-land category), with a height of 1 to 2,435 square meters, and changed the form of land.

2. The Defendant, on March 20, 201, was found to have the same facts as the entries in the preceding paragraph, and was issued a corrective order to reinstate to the original state by April 8, 2013 by the head of the Nam-dong, Incheon Metropolitan City, the head of the Dong/Dong on April 10, 2013, and the head of the Dong/Dong on April 19, 2013, but did not comply with it, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a location map and current status map, accusation sheet, and related documents;

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (referring to changing the quality of land without obtaining permission), Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 (1) (referring to failing to comply with corrective orders), and selection of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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