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(영문) 인천지방법원 2014.02.14 2014고정73
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No building or altering the purpose of use of a building, installation of a structure, change of the form and quality of land, partition of land, piling up articles, cutting down bamboo and trees, etc. within a development restriction zone without obtaining permission from the competent authority;

Nevertheless, around February 7, 2013, the Defendant constructed two plastic houses (area 140 square meters) in order to use goods storage in the land located in the Nam-gu Incheon Metropolitan City, Nam-gu B, which is a development restriction zone.

2. Within development restriction zones, 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 is discovered, the competent authority may order the violator, such as the owner of land used for such violation

As stated in paragraph (1), the Defendant did not comply with an order issued from the Southern-gu Office, the competent authority, to rectify a violation by July 26, 2013, in relation to the construction of two plastic houses in a development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for accusation against an illegal act in a development restriction zone, the location map and photographs thereof, and the application of statutes governing the corrective notice against illegal acts;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting the crime, Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (a building which has not been permitted), Article 32 subparag. 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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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