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(영문) 인천지방법원 2020.02.13 2019고정2550
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to perform an act, such as constructing a building and changing its use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. within a development-restricted zone shall obtain permission from the head of a Si/Gun

1. Nevertheless, the Defendant, without obtaining permission from the competent authority on May 10, 2018, installed a prefabricated panel structure with a volume of 346 square meters in the Nam-gu Incheon Metropolitan City B development restriction zone, and around February 7, 2019, installed a sidewalk block on a volume of 150 square meters away on the access road at the same place and changed the form and quality.

2. On March 4, 2019, the Defendant failed to comply with the corrective order issued by the head of the Incheonnam-dong head of the Gu, Incheon, to take corrective measures by April 3, 2019 with respect to the said unauthorized development activities.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on corrective orders, prior notice of disposition, location map and field photographs to illegal acts in development restriction zones, corrective orders against illegal acts in development restriction zones and land use regulation information service statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (unpermitted Alteration, etc. of Form and Quality), 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 Designation and Management of Areas of Restricted Development and the selection of fines for crimes;

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

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