logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.18 2017고단2573
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 30,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. 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 office, etc. in accordance with the classification of the types, areas, etc.

On May 2016, the Defendant cut the forest at a height of about 2 meters from approximately 3,442 square meters in Gyeonggi-gun D Forest land in Gyeonggi-do and converted the mountainous district to another place without obtaining permission from the competent authority.

2. Any person who intends to reclaim public waters in violation of the Act on the Management of Public Waters and Reclamation shall obtain a license for reclamation of public waters from the reclamation licensing authority by specifying the purpose of reclamation, as prescribed by Presidential Decree.

The Defendant did not obtain permission from the competent authority on May 2016, and buried public waters by filling the site for a ditch of 276 square meters in total, such as 225 square meters, F, 51 square meters, etc., at a height of 4 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A written accusation, a location map, a non-legal calendar, a report on calculating the amount of damage caused by the site prior to illegal mountainous districts, a forest register, a certificate of land use plan, on-site photographs, and a fact

1. The submission (E) of a written accusation (amended) and the application of statutes governing the accusation (amended);

1. Article 53 subparagraph 1 of the Mountainous Districts Management Act, Article 14 (1) of the Mountainous Districts Management Act, Article 62 subparagraph 4 of the Act on the Management of Public Waters and Reclamation (a violation of the Mountainous Districts Management Act), and Article 28 (1) of the same Act (a violation of the Act on the Management of Public Waters and Reclamation);

1. Selection of each alternative fine for punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the area of mountainous districts and public waters reclaimed is reasonable.

In excess of the permitted area, the mountainous district has been converted to the mountainous district by mistake and buried public waters without being permitted to obtain permission.

However, the act of development is executed on a large scale basis.

arrow