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(영문) 수원지방법원 평택지원 2016.12.22 2016고정390
산지관리법위반등
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

1. Any person who intends to engage in development activities, such as changing the form and quality of land prescribed by Presidential Decree in violation of the National Land Planning and Utilization Act;

Nevertheless, the Defendant did not obtain permission from the Ansan market, but illegally changed the form and quality of the land for the purpose of creating 303 square meters (91.6 square meters) among the 111,166 square meters of Ansan-si B, forest land, and forest land (91.6 square meters) in the early April 2015.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, the defendant did not obtain permission from the Ansan market, and illegally diverted mountainous districts like the preceding paragraph at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes governing accusation, aerial photography, and field photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning facts constituting an offense, Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act, the selection of each fine;

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

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

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

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