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(영문) 인천지방법원 2015.10.07 2015노1595
개발제한구역의지정및관리에관한특별조치법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The structure installed by the defendant of mistake of facts or misapprehension of legal principles in Gyeyang-gu, Incheon is a vinyl house installed in Gyeyang-gu, Incheon, in order to depth the heat embankment, and falls under the structure determined to be installed without filing a report in accordance with subparagraph 1 (g) of attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones, and the rest of Mongolian contents and steel pipe structure does not fall under all structures equipped with columns, roof or walls.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones prohibits not only the construction of buildings, but also the construction of structures that do not fall under buildings in development restriction zones. According to the records of this case, the fact that the defendant is a structure prohibited from construction without permission in accordance with the above Act can be recognized by all of the defendants, such as Gyeyang-gu, Incheon, I, E, F, and Mongolia.

(2) Furthermore, subparagraph 1 (g) of attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones delegated pursuant to Article 12(4) of the Act on Special Measures for Designation and Management of Development Restriction Zones provides that agricultural and fishery business shall be carried on, and shall be installed without permission or report only to be equipped with certain requirements, such as installation on farmland, etc., as greenhouse houses for the cultivation of vegetables, tobacco banks, mushrooms, or wild arts. However, according to the records of this case, the structures installed on the F ground of Gyeyang-gu Incheon Metropolitan City shall be those installed on forests and fields, and the structures installed on the F ground of Incheon Metropolitan City shall be the structures installed on forests and fields, and unlike general plastic greenhouses, the structures used as a field of experience under the above structures as at the time when the control public official K visited, and the defendant was

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