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(영문) 인천지방법원 2014.05.15 2014고단2511
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On March 8, 2013, the Defendant received a fine of two million won from the Incheon District Court to the violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development.

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods, etc. in a development restriction zone, and shall comply with a corrective order issued by the competent authority on the matters in violation.

Nevertheless, around 2010, the Defendant changed the form and quality of land by removing concrete from a site of approximately 338 square meters in Nam-gu, Incheon Metropolitan City, which is located within a development restriction zone, without permission, and constructed illegal buildings, such as housing.

Accordingly, the Defendant did not comply with a corrective order issued by the competent office of Nam-gu Incheon Metropolitan City, on October 10, 2013, to the effect that the aforementioned illegal matters should be restored to its original state until October 20, 2013.

Around October 31, 2013, the Defendant continued to comply with the corrective order, which was re-issued by the competent Incheon Southern-gu Office to the effect that the Defendant will restore to its original state until November 15, 2013, but did not comply with it.

Accordingly, the defendant did not comply with the corrective order of the competent authority habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Corrective order, public notice, and execution notice;

1. Location map and on-site photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (former records and investigation reports);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times within the short period of time;

1. Article 31 (2) 2 and Article 30 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (Selection of Imprisonment);

1. Suspension of execution: Article 62(1) of the Criminal Act provides that the Defendant has divided his/her wrong error and has been restored to its original state.

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