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(영문) 인천지방법원 2013.12.20 2013고정3357
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall determine its purposes and obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, the Defendant did not obtain permission from the Administrator of the Korea Forest Service in converting a mountainous district owned by approximately 464m2 in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu on June 2012.

2. The Defendant violated the Urban Park and Greenbelt, etc. Act, from the end of June 2012 to around 464 square meters in urban parks in Bupyeong-gu Incheon Metropolitan City, installed facilities, buildings, or structures, other than park facilities, such as installing concrete, etc., a fence on the floor and a brine, a distribution business, and installing a temporary building for residence and warehouse, without obtaining permission from the competent authority.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the Acts and subordinate statutes to calculate the size of an accusation, location map, aerial photography, field photograph, and unauthorized occupancy;

1. Article 53 subparagraph 1 of the relevant Article of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime, and subparagraph 2 of Article 53 and Article 24 (1) 1 of the Urban Parks, Greenbelts, etc. Act (the construction of structures within an unauthorized urban park);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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