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(영문) 인천지방법원 2015.08.21 2015고정2414
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land within a development-restricted zone shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on December 20, 2014, did not implement a corrective order, even though he/she was ordered to restore the said land to its original state on or around December 29, 2014, by inserting stone on 680 square meters among 1051 square meters of land in a development-restricted zone B, Nam-gu, Incheon Metropolitan City, Nam-gu, Seoul, and did not comply with the corrective order without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Unauthorized Alteration of Form and Quality, Selection of Fines) and Article 32 subparagraph 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 (Non-performance of Corrective Order 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 (1) 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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