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(영문) 의정부지방법원 고양지원 2020.04.10 2020고정50

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the clan B, and the same clan is the owner of a forest land of 84,381m2 located in Gyeyang-gu, Soyang-gu.

The forest is a zone designated as a development restriction zone and a mountainous district for public interest by the relevant regulations.

1. No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. within a development restriction zone in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones;

Nevertheless, on September 2, 2019, the Defendant cut down 30 to 40 gress, such as saws, which are brought up in the forest of this case in Gyeyang-gu, Youngyang-gu, Youngyang-gu, Seoul, as electric saws without permission from the head of Gyeyang-gu.

2. A person who intends to convert a mountainous district into a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree,

Nevertheless, without permission from the head of Gyeyang-gu, the Defendant diverted bamboo and trees within a size of 1,903 square meters of the forest of this case in the same manner as that of paragraph (1) at the time and place under the preceding paragraph, and converted the use of mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation, each written statement, and each written confirmation on a land use plan;

1. Forestry book, forestry map copy, and full certificate of the land engineer;

1. Investigation report, location map, and restoration plan of the mountainous district;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 32, Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the occupation of cutting down bamboo and trees without permission), subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, and Article 14 (1) of the Management of Mountainous Districts Act concerning facts constituting a crime;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: