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(영문) 수원지방법원 평택지원 2019.06.14 2018고단2146

산지관리법위반등

Text

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

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district under defendant A shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts, and a person who intends to engage in development activities, such as construction of buildings, installation of structures, alteration of land form and quality, etc

The Defendant stated in the indictment of a quasi-preserved mountainous district around April 1, 2018 as a preserved mountainous district, but according to evidence, the Defendant’s correction is clear that it is a clerical error in the quasi-Preservation mountainous district.

In six parcels, such as Pyeongtaek-si C, there was a need to install a temporary road for construction works of 5,545 square meters among the above parcels of land without obtaining permission from the competent administrative authority to divert the mountainous district and simultaneously engage in development activities.

2. Defendant B, at the same time and place as described in paragraph (1), committed a violation against Defendant B, who is an employee of the Defendant, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The chief of the accusation and satellite photographs;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of results by inquiry into mountainous district information / Reporting on the binding of relevant provisions);

1. Defendant A of the relevant Act on criminal facts: Article 53 subparagraph 1 of the Management of Mountainous Districts Act; Article 140 (1) of the National Land Planning and Utilization Act; Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act; Articles 56, 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act; Articles 143, 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Defendant A who is selected to impose a fine;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Although the area of the mountainous district engaged in development activities is not small without permission for the sentencing of Article 334(1) of the Criminal Procedure Act, Defendant A is the primary offender with no penal power, and the Defendants completely restored the mountainous district of this case to their original state without permission for the sentencing of Article 334(1) of the Criminal Procedure Act, it is so decided as per Disposition.