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(영문) 창원지방법원 밀양지원 2017.04.27 2016고정169
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

The Defendant is a person who is engaged in mushroom farming in Gyeongnam-gun and Gyeongnam-gun.

When any person intends to install related facilities for cultivating shot mushrooms by diverting a mountainous district, he/she shall obtain in advance a report on the diversion of the mountainous district, permission for development, and report on the construction thereof.

Nevertheless, from March 2, 2013 to February 22, 2016, the Defendant installed three (3 Dong-dong (1 Dong-dong, 130.4 square meters in plastic houses, 1 Dong-dong, 56 square meters in plastic houses, 60 square meters in containers), 2.5 square meters in storage, 2.14.52 square meters in storage, and 324 square meters in storage, and 3.24 square meters in 204 square meters in 2013 in 2016 in 2016 in place to grow mushrooms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 55 subparagraph 1 of the Management of the Mountainous Districts Act, Article 15 (1) (the fact that a report on the diversion of a mountainous district is not filed), Article 140 subparagraph 1, Article 56 (1) (the fact that development activities are unauthorized) of the National Land Planning and Utilization Act, and Articles 111 subparagraph 1 and 14 (1) of the Building Act (the fact that a report on diversion of a mountainous district is not filed) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (joint between a violation of the Management of Mountainous Districts Act and a violation of the Building Act);

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

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