beta
(영문) 의정부지방법원 2020.10.14 2020고단3109

산지관리법위반등

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

In order to divert mountainous districts, any person shall obtain permission from the competent authorities for conversion of mountainous districts, and obtain permission for development from the competent authorities to change the form and quality of land or to install structures.

Nevertheless, on May 2019, the Defendant conducted development activities by converting quasi-preserved mountainous districts and preserved mountainous districts without permission for conversion of or permission for development from the competent authorities, and simultaneously changing the form and quality of land and installing structures:

(1) A total of 2,023 square meters of a quasi-preserved mountainous district and a total of 662 square meters of a preserved mountainous district, including approximately 895 square meters of forest land B in Gyeonggi-gun, Gyeonggi-do, which is a quasi-preserved mountainous district, are buried and filled with soil of approximately 1.5 meters of height, and 30 square meters of a 15 tons of truck was filled with.

② In addition to the entry of the current status of illegal structures in attached Form 2, including Gyeonggi-si C forest and fields, development activities were performed by piling up a stone shed of approximately 146.1m in length in 11 lots.

Summary of Evidence

1. The written statement of each police officer concerning D's legal statement of the defendant;

1. All field photographs, illegal mountainous district damage zone maps, forest cadastral records, certified copies of each cadastral map, and written confirmations of each of the reports filed under E and D;

1. The application of Acts and subordinate statutes to a report on investigation, a report on investigation, and the application of statutes;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts (the act of converting a mountainous district without permission) and subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 1 of the same Act (the act of developing a mountainous district without permission);

1. Articles 40 and 50 of the Commercial Concurrent Act - The defendant cut or filled up soil from each land listed in the current status of illegal diversion in mountainous districts attached Table 1 without permission, and installed structures on each land listed in the current status of illegal diversion in mountainous districts attached Table 2. As above, cutting or filled up soil, the land on which structures were installed overlaps with each other, and each land above.