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(영문) 수원지방법원 2018.04.05 2018고정98
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

(a) Any person who violates the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, to engage in development activities, such as changing the form

Nevertheless, on July 2017, the Defendant performed an act of raising approximately 1 meter to the c forest land in Young-gu, Young-gu, Young-si.

Accordingly, the defendant was engaged in development activities without obtaining permission from the head of the Si/Gun/Gu.

(b) Any person who violates the management of a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, in order to raise the residence and dog at the same time and place as above, the defendant cut the ground and laid up the ground and installed a temporary building.

In this respect, the defendant committed an act of diversion of mountainous district without obtaining permission from the head of the Si/Gun/Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D;

1. E statements;

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

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning the facts constituting an offense; Articles 53 (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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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