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(영문) 수원지방법원 여주지원 2018.05.14 2018고정46

산지관리법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district;

Nevertheless, the Defendant obtained permission from the competent authority on October 2015 to occupy and use a small river with respect to the land Gyeonggi-gun B in Gyeonggi-do, and, in the course of installing a bridge to enter the said land, converted the use of mountainous districts by carrying out construction works on the land adjacent to the said land within a size of approximately 242 square meters without obtaining permission from the competent authority.

2. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by the Act on Property of the State;

Nevertheless, around October 2015, the Defendant diverted the land of Gyeonggi-gu, Gyeonggi-do, which is a state property, as described in the preceding paragraph, and used the part as a road for piling up materials or transporting materials.

Summary of Evidence

1. Partial statement of the defendant;

1. The portion concerning the statement to the effect that there is a fact that approximately KRW 242 square meters of the land in Gyeonggi-gun C around October 2015 has been diverted to the defendant without permission of the competent authority among the records concerning the interrogation of suspect by the special judicial police officer.

1. Reporting on criminal facts, reporting on the results of checking illegal acts committed prior to national forests illegal mountainous districts, and applying criminal investigation Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is determined for the crime (unauthorized mountainous districts, selection of fines) and Articles 82 and 7 (1) of the State Property Act (the illegal use of State property and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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