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(영문) 춘천지방법원 2015.06.30 2014고단1229

산지관리법위반등

Text

A defendant shall be punished by a fine not exceeding 15 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

No person of "2014 Highest 1229" shall convert a mountainous district without permission for conversion of a mountainous district.

Nevertheless, from December 20, 2013 to April 6, 2014, the Defendant created a road connected to the land owned by the Defendant by means of a flating operation, etc. with a 1,420 square meters of a mountainous district located in Seocheon-gun C, D, or E, Gangwon-do without obtaining permission for conversion of a mountainous district, and converted the use of a mountainous district.

The defendant of "2014 Highest 1379" is the owner of the F land in Gangwon-do.

A person who intends to engage in development activities (change of the form and quality of land) shall obtain permission from the competent authority, but from December 20, 2013 to April 2014, 2014, the Defendant, without obtaining permission from the head of the competent authority, performed construction works to build a road leading to F land in the land located within the area of 438m2, H72m2, 12,076m2, J487m2, F2,267m2, and F2,267m2, and performed development activities to cut and fill the area of 5,92m2, by using a scick, thereby changing the form and quality of the land.

Accordingly, the defendant was engaged in development activities without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of K and L;

1. A statement additionally stating L;

1. A certified copy of the actual survey report, forest land register and forestry map;

1. Application of statutes, such as site photographs;

1. Selection of respective fines for criminal facts, Article 53 subparagraph 1 of the relevant Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of a mountainous district without permission), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (the occupation of an act of development without permission);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Mountainous Districts Management Act which has heavier penalty);

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

1. Forest land for the reason of sentencing under Article 334(1) of the Criminal Procedure Act to establish access roads without obtaining permission from the authority.