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(영문) 인천지방법원 2015.10.13 2015고정2680
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Within a development-restricted area, no building, alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, division of land, piling-up of goods, cutting-up of bamboo and trees, etc. shall be allowed, without obtaining permission from the competent authority, and where a violation has been discovered, the competent authority may order the violator, such as the owner of land

around April 8, 2015, the Defendant changed the use of the greenhouse constructed on the land B of Gyeyang-gu Incheon to the retail store for fishing products without permission of the competent authority. On or around April 8, 2015, the Defendant issued an order to correct the above violation from the head of Gyeyang-gu, Incheon, the competent authority, to May 11, 2015, and even around May 18, 2015, the Defendant failed to comply with the order even if he/she received an order to correct the violation by June 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. On-site photographs;

1. Orders for correction of offenses committed in development restriction zones, and application of statutes requiring correction of illegal matters within development restriction zones;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 32 subparag. 8 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the point of without any change of the purpose of use); Articles 32 subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the point of non-performance of corrective orders); and the

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) correction of the last illegal act and the first offender. It is so decided as per Disposition on the grounds above.

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