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(영문) 수원지방법원 2017.05.11 2017고정346

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

Any person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent administrative agency, and any person who intends to divert a mountainous district shall obtain permission to divert a mountainous district from the head of the forest agency by specifying

Nevertheless, from April 16, 2015 to June 2016, the Defendant filled up a mountainous district of approximately KRW 1,715 square meters, without obtaining permission for development activities or permission for mountainous district conversion, and performed development activities at the same time, changing the form and quality of the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on investigation;

1. A written accusation;

1. A map showing the current status of survey;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 (a) of the same Act (a point of an unauthorized development act), Article 53 subparagraph 1 of the Mountainous Districts Management Act, and the main sentence of Article 14 (1) of the same Act (a point of an unauthorized mountainous district) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s wrong recognition of his/her mistake, and the Defendant has no record of punishment for the same kind of crime, the considerable part of the damaged site due to the Defendant’s act of development without permission appears to be incorporated into the lower part of the building site “Songdo-Songsan Expressway” (Public Notice No. 2017-58, Feb. 8, 2017) and the circumstances before and after the commission of the crime, etc. shall be comprehensively considered, and the sentence is determined as per Disposition.