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(영문) 인천지방법원 2016.04.14 2015고단6476
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

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.

Nevertheless, the Defendant, without permission from the head of Seo-gu Incheon Metropolitan Government, on April 2008, constructed a building with a size of 20 square meters in the original 20 square meters in the form of three greenhouses of agricultural households with a total size of 513.7 square meters on the ground of the Seo-gu Incheon, Seo-gu, Incheon, and two lots, a development restriction zone, and did not comply with a corrective order within the following period:

1. On January 21, 2015, the Defendant did not comply with a corrective order to reinstate the original state by February 23, 2015.

2. On February 26, 2015, the Defendant did not comply with a corrective order to reinstate the original state by March 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, location map, and on-site photographs;

1. The official document of each Incheon Seo-gu, Incheon, a land use plan, etc.;

1. Application of Acts and subordinate statutes on business tripss;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor) and Article 30 (1) of the same Act;

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. As to the suspended sentence under Article 62(1) of the Criminal Act (the following sentencing is favorable to one another), a person who has been punished several times as a fine for a crime of the same kind for the reason of sentencing, but is going to commit the instant crime, he/she would again choose to be sentenced to imprisonment.

However, a suspended sentence is to be imposed in consideration of the fact that all the defendants have been aware of and reflected in the crime, and that they are seen to have made efforts for reinstatement, etc.

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