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(영문) 인천지방법원 2015.10.13 2015고정2648
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

No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting down bamboo and trees, dividing land, piling up articles, shall be performed within a development restriction zone without permission of the competent authority.

Nevertheless, the Defendant, without permission from the competent authority on July 2014, issued a corrective order to restore the land to its original state until February 27, 2015, and even if he/she received a corrective order to restore the land to its original state by no later than April 6, 2015, by no later than June 18, 2015, from the head of the Incheon Seo-gu Incheon Gyeyang-gu, the development restriction zone of which was located in the Incheon Gyeyang-gu, Gyeyang-gu, Incheon. The Defendant failed to implement the corrective order within the period, even though he/she received a corrective order to restore the land to its original state by no later than June 1, 2015, from January 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Corrective orders for illegal acts in development restriction zones, and application of Acts and subordinate statutes requiring implementation of corrective orders for illegal acts in each development restriction zone;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12 (1) (proviso) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and

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 grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows. It is so decided as per Disposition for the following reasons.

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