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(영문) 인천지방법원 2015.01.15 2014고정3621

산지관리법위반등

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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. and any person who intends to construct buildings, change the use thereof, install structures, change the form and quality of land, cut bamboo and trees in a development-restricted zone shall obtain permission from the head of a Si

1. The Defendant violated the Management of Mountainous Districts Act and the Act on Special Measures for Designation and Management of Areas of Restricted Development (unauthorized development acts) without obtaining the said permission. around November to 12, 2013, the Defendant opened an access road equivalent to 281m2, which was cut by using equipment in the Nam-gu Incheon Metropolitan City, which is a mountainous district and a development-restricted area, and then packages it into concrete with a size equivalent to 135m2. On February 3, 2014, the Defendant used a facility equivalent to 45m2, such as a breeding house and a bridge around February 3, 2014, and converted the use of mountainous districts.

2. On May 2, 2014, and May 26, 2014, the Defendant did not comply with the Act on Special Measures for Designation and Management of Areas of Restricted Development (violation of Corrective Order) with the receipt of the content certification under the name of the head of Nam-gu Incheon Metropolitan City, which states that the Defendant would correct the illegal act as described in the aforementioned paragraph (1).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 of the Act on Special Measures for Designation and Management of Development Restriction Zones; Article 53 subparagraph 1 of the Management of Mountainous Districts Act; the main sentence of Article 14 (1) of the Management of Mountainous Districts Act; Articles 32 subparagraph 1 and 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Articles 32 subparagraph 2 and 30 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; the selection of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.