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(영문) 광주지방법원 순천지원 2017.12.07 2017고단1835
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land, which is a development act under the National Land Planning and Utilization Act, shall obtain permission for development, and a person who intends to convert a mountainous district shall obtain permission from the head of the forest and obtain permission for the use thereof. However, around April 2017, the Defendant performed an act of converting the mountainous district into the mountainous district by creating a site equivalent to approximately 24,262 square meters by using heavy equipment, such as scrails, etc., and at the same time converting the mountainous district into the mountainous district, the Defendant performed an act of converting the form and quality of land by creating a site equivalent to approximately 24,262 square meters of land by using heavy equipment, such as scrails, etc., and at the same time, performed an act of converting the mountainous district into the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written statement of public official in charge;

1. Application of Acts and subordinate statutes concerning field photographs, examples of use of place of act, area for which an application for restoration is filed, and drawings of restoration;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is very heavy in the area where the mountainous district is diverted without permission.

However, the punishment of fine like the order shall be determined in consideration of the fact that there is no criminal history of the same kind and imprisonment without prison labor or more, and the restoration of mountainous district

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