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(영문) 수원지방법원 안산지원 2018.11.08 2018고정717

산지관리법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who newly built a house on the ground of 340 square meters among 15,318 square meters (hereinafter referred to as “the mountainous district in this case”) of the members of Ansan-gu, Seoul Metropolitan City, which is a quasi-preserved-si located within a mountainous district with permission from the competent authority for the diversion of a mountainous district.

1. In order to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act, the Defendant converted a mountainous district without permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree and obtain permission from the competent authority. However, while changing the form and quality of the relevant land permitted for housing construction around September 2017, the Defendant converted the use of the mountainous district to a mountainous district without permission by drilling concrete and altering the form and quality of the land on 199 square meters among the mountainous districts of this case, which were not permitted by the competent authority around July 1, 201 through around August.

2. Although a person who intends to cut trees, collect forest products, etc. in a forest violating the Creation and Management of Forest Resources Act, he/she obtained permission from the competent authority, the Defendant cut the tree trees without permission by cutting the seedlings that were planted on the land of 199 square meters in the instant mountainous district, as described in paragraph (1), to the extent that they were blickers, such as flicking, flicking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A written accusation;

1. The application of Acts and subordinate statutes (63 pages of investigation records);

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment (Unauthorized Mountainous Districts and Selection of Fines) concerning the facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Act on the Creation and Management of Forest Resources (the occupation of felling unauthorized standing timber 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;