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(영문) 수원지방법원 2020.08.20 2020고정930

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc., and any person who intends to engage in development activities shall obtain permission from the competent

Nevertheless, on February 11, 2020, the Defendant cut 81 square meters of the land B in Gyeonggi-do without obtaining permission from the Minister of the Korea Forest Service and the competent authority, and performed development activities at the same time by installing a retaining wall and cutting 1.2 meters of the height and 17 meters of the length of the retaining wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (attaching a letter of revised accusation);

1. Application of Acts and subordinate statutes to a charge (including a written statement, damaged area map, site photograph, etc. of attached C);

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act for criminal facts, Article 14 (1) of the National Land Planning and Utilization Act, subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) 1 and 2 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;