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(영문) 수원지방법원 안산지원 2018.05.16 2017고정1064
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, specifying its use.

Nevertheless, on December 2016, the Defendant established 8 Dongs for livestock farming facilities with a size of 1,800 square meters in mountainous districts located in Ansan-si, Seoul-si without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation and a public official statement;

1. Application of Acts and subordinate statutes on site photographs of mountainous districts damaged;

1. Relevant laws and Articles 53 subparag. 1 and 14(1) of the Mountainous Districts Management Act regarding criminal facts and the selective mountainous district management (Article 14(1) of the Mountainous Districts Management Act) (Article 14(1) of the Mountainous Districts Management Act provides that permission shall be granted in cases where a person intends to divert a mountainous district. Article 53 subparag. 1 of the Mountainous Districts Management Act provides that a person who diverts a mountainous district shall be punished without permission, and does not vary as to whether a person has been punished

Therefore, the crime of this case is established as long as the defendant established a livestock industry facility without permission and used it to convert it to mountainous district.

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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