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(영문) 제주지방법원 2019.07.05 2019고단231
초지법위반
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

If a grassland is to be diverted for which 25 years have passed since its creation was completed, it shall be reported to the head of Si/Gun/Gu

The Defendant, from May 2018 to August 2018, 25 years after the completion of the development of grassland, installed seven lots (total of 119,00 square meters) such as Jeju-si B, C, D, E, F, G, H, etc. without reporting to the competent authority, installed a ta (knife that walked with soil and miscellaneous land) subsequent to the Tracker, installed a ta (knife that walked with soil and miscellaneous land) without reporting to the competent authority, and used it to convert the grassland into the lacing method of cutting down bean, c, E, F, G, and He.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Each investigation report (including submission of photographs related to the restoration to the original state / submission of data) and video (including attached documents) prepared by the prosecution;

1. Each statement of investigation report prepared by the police (to be submitted, such as telephone conversations of a viewing public official / telephone conversations of a suspect / Land lease contract, etc.) (Evidence accompanied by accompanying documents shall be included);

1. Application of Acts and subordinate statutes to describe (including attached documents) the accusation (request for investigation) of violators of the Grassland Act in preparation of the Jeju market;

1. Article 30 and Article 23 (3) of the Grassland Act (Selection of Fines) inclusive of the relevant provisions of the Act on Criminal facts and the selection of punishment;

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

1. 【The ground for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The applicable sentencing range under the law】 The unit cost for creating grassland of a fine of KRW 50,000 or a fine of KRW 272,97,90: 7,647,000 per one (10,000 square meters) in the case of Mancholand: 7,647,000 square meters x 119,000 square meters x 3 x 119,000 square meters x 272,97,900 won x 900 square meters x 1,000 won x 272,97,900 won : The circumstances in which the Defendant’s exclusive use area of grassland is larger; the Defendant’s exclusive use of grassland is recognized and divided; and the Defendant’s exclusive use of grassland is not a previous conviction.

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