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(영문) 서울중앙지방법원 2013.05.20 2013고정1296

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall change the form and quality of land, cut bamboo and trees, etc. in an urban natural park area without obtaining permission for activities, not converting a mountainous district into a mountainous district without obtaining permission for mountainous district conversion, and shall not change the form and quality of land without obtaining permission for activities.

Nevertheless, on September 10, 2012, the Defendant did not obtain the above permission from the competent authorities, and cut and filled up about 60 square meters (10m x 6m m) of land within the area of 10m2 (10m x 6m) in the Dosan Urban Natural Park located in Seocho-dong, Seocho-gu, Seoul, Seocho-gu, Seoul, and cut off one bamboo and nine dump trees in the adjacent land.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning the written accusation of parks and greenbelts of Seocho-gu Office;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, Article 14 (1) of the National Land Planning and Utilization Act, subparagraph 1 of Article 140 and Article 56 (1) 2 of the same Act on criminal facts, subparagraph 2 of Article 54 and the proviso to Article 27 (1) of the Urban Parks, Greenbelts, etc. Act (the occupation of changing the form and quality of land without permission and cutting down bamboo and trees);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act under Article 334(1) has the same criminal record as the defendant, and the scale and degree of the crime in this case, and the circumstances of the crime