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(영문) 의정부지방법원 2019.02.18 2018고정1747
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 obtained permission for conversion of mountainous district and permission for development of 4,812 square meters among C forest land in Yangju-si, and obtained permission for development of 2,545 square meters of D site, and is performing construction works for building sites for Class II neighborhood living facilities (office and manufacturing center).

The Defendant did not obtain permission for change of mountainous district and permission for change of development activities. From April 2018 to May 2018, the Defendant changed the form and quality of mountainous district by cutting and cutting trees of 1,199 square meters, among E forest land, on the ground that the gradient of E part of E forest adjacent to the above C forest is too urgent at the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and written accusation;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 54 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Mountainous Districts Act, subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (2) of the National Land Planning and Utilization Act on criminal facts;

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

1. Selection of an alternative fine for punishment;

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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