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(영문) 인천지방법원 2013.10.02 2013고단3382
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 16, 201, the Defendant was sentenced to a fine of KRW 3 million in violation of the Act on Designation and Management of Development Restriction Zones at the Incheon District Court on September 16, 201, and was punished for the same crime three times.

【Criminal Facts of Crimes】 On January 30, 2013, the Defendant did not comply with the corrective order issued by the head of Nam-gu Incheon Metropolitan City, the head of Nam-gu, Incheon Metropolitan City, to remove containers installed by the Defendant on the above lot number, which is an illegal building installed by the Defendant in the development restriction zone, to restore the above lot number

Summary of Evidence

1. Defendant's legal statement;

1. Orders for correction and promotion of illegal acts in development-restricted areas (C);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc., despite the fact that the Defendant had been punished by a fine more than three times for the same crime, the Defendant committed the instant crime again, the amount of the container installed by the Defendant, etc., considerable and long-term period of time, and the removal of the container, etc. up to now, etc., has not been restored to its original state. However, there are unfavorable circumstances, such as the recognition of its mistake and reflects the fact that it is recognized, the return of the goods currently kept, and the securing of replacement site, but it seems that the Defendant is trying to restore the original state. As above, the sentence is ordered as per Disposition by taking into account all the sentencing conditions, such as the fact that there is no other criminal records except

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