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(영문) 광주지방법원 순천지원 2020.07.22 2020고단422

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

A person who intends to change the form and quality of land shall obtain permission for development from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns, and a person who intends to convert a mountainous district shall obtain permission

Nevertheless, from July 2017 to January 2018, the Defendant cut the land at least 50cc by using dump trucks, sckes, etc. in order to change forest land to the whole area without obtaining permission, and simultaneously converted the form and quality of land by changing the form and quality of 1,528 square meters, such as clearing and sckes.

Summary of Evidence

1. Defendant's legal statement;

1. Location map and the photographic site;

1. On-site photographs;

1. The actual survey drawings;

1. Application of statutes on land use plans;

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; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

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

1. Selection of a fine to choose a sentence [the court below held that, considering the situation, etc. of the land at the time when the defendant starts cutting or raising the ground on the instant land in July 2017, it appears that the degree of damage to the mountainous district would not be significant when considering the situation, etc. of the land at the time when cutting or raising the ground on the instant land, it is a quasi-preserved mountainous district; the degree of cutting or banking up the instant land;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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