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(영문) 인천지방법원 2020.01.23 2019고정2083
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who furns in Gyeyang-gu Incheon, Incheon, a development-restricted zone B.

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, divide land, stockpile goods, or conduct an urban planning project within a development restriction zone without permission from the competent authority, and any violator shall implement a corrective order for unlawful matters.

Nevertheless, the Defendant installed a structure (5 square meters) from around April 10, 2018 to around April 10, 2018 without the permission of the head of Gyeyang-gu in Incheon, and used it for the purpose of maintaining the resting space and the water winging, etc. In the above place, the Defendant was issued a corrective order from May 4, 2018 to May 31, 2018 by the head of Gyeyang-gu Incheon Gyeyang-gu, to restore the site to the original state by May 31, 2018, and was finally extended by September 28, 2018, but did not comply with the corrective order because the remainder was not removed.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against the detection of violations in development restriction zones;

1. Written accusation, written statement, land use plan, and full certificate of matters to be registered, statement of business trip (location map and field photo), notification of disposition of corrective order for illegal acts in a development-restricted zone, statement of business trip, corrective order for illegal acts in the development-restricted zone, reply following the request for extension of the period for voluntary maintenance

1. Investigation reports (verification on the site of violation), investigation reports (Submission of an accusation report, etc. by a public official who files an accusation), application of statutes;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize and reflect the crime of this case, and there is no record of criminal punishment.

(b) other.

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