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(영문) 인천지방법원 2016.07.14 2016고정1549
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

1. Where it is intended to construct a building and alter the purposes of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. within a development-restricted zone, it shall obtain permission from the competent authority;

Nevertheless, on October 30, 2014, the Defendant illegally newly constructed one panel in the area of 18 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, which is a development restriction zone around the light of around 30, 2014, and used it for the purpose of storage until now.

2. A person who has violated an order of restoration from a competent authority shall restore an illegal building to its original state by the relevant date, if he/she has received an order of restoration from the competent authority;

Nevertheless, on February 28, 2015, the Defendant received a written order from the competent authority to restore a building for the purpose of storage illegally constructed within the development-restricted zone from the Bupyeong-gu Incheon Metropolitan Government Defendant House to March 24, 2015, but did not restore the building to its original state for the said period without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the accusation, land use plan, order for restoration to the original state, location map, and statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Development, Article 12 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for the Designation of Areas subject to Restriction on Development, and Selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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