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(영문) 창원지방법원진주지원 2020.09.08 2020고정47

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service and other competent authorities according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and any person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the

Nevertheless, on July 2019, the Defendant cut the area of 54 square meters among the forests located in Gyeongnam-si, Gyeongnam-si, Special Metropolitan Preservation Area, and 305 square meters among the forests located in C, and buried in concrete, without obtaining permission from the competent authorities, and converted the form and quality of land to mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written accusation, D, and E;

1. A report on investigation (No. 1, 3, 4, 19, 23, and 31 No. 1, 3, 4, 19, 23, and 31);

1. Land cadastre;

1. Application of Acts and subordinate statutes on a site photograph, location map, register of illegal acts, and cross-section map with changes in form and quality;

1. Subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act for facts constituting a crime, and subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized changes in the form and quality of a mountainous district);

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