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(영문) 수원지방법원 평택지원 2017.07.20 2016고정709
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

(a) Any person who intends to engage in development activities to install structures, and any person who intends to modify them, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Sis/Guns;

Nevertheless, the Defendant, without obtaining the aforementioned permission from the early police officer on February 2016, 201, built a structure of the retaining wall in addition to the original permission obtained from the first police officer B (YY) at Anchossung-si, B (YY) at the first time on February 201, (1: 4.85m high, 121.6m high, 121.6m high, 2 m high, 4.35m high, 161.3m high.).

(b) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree

Nevertheless, without permission from the head of the Korea Forest Service, the defendant diverted the mountainous district in the same manner as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Application of accusation, on-site photographing statutes;

1. Article 140 Subparag. 1, Article 56 Subparag. 2, and Article 56 Subparag. 1 (Selection of Penalty) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Articles 54 Subparag. 1 and 14(1) of the Mountainous Districts Management Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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