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(영문) 춘천지방법원 2017.01.10 2016고정539
경계침범등
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

1. On March 15, 2016, the Defendant, at around 08:00 on March 15, 2016, was unable to recognize the road boundaries by removing red tree pillarss, a road boundary mark, by carrying out road expansion works in order to build a route for access to a C dry field, which is owned by the Defendant’s wife, on the roads owned by the Republic of Korea (Jurisdiction: Traffic Department of National Land).

2. The Defendant violated the Management of Mountainous Districts Act, while performing road expansion works at the same time and place as prescribed in paragraph (1), without obtaining permission from the competent administrative agency, and converted a mountainous district unlawfully by changing the form and quality of the mountainous district into a mountainous district by making a sum of 756.9 square meters, including 3,471 square meters among 56.6 square meters among 3,471 square meters of forest land in Gangwon-do, Gangwon-do, E, 324 square meters among 30,446 square meters of forest land in E, and 376.3 square meters of forest land in F, 30,446 square meters among 30,00 square meters of forest land in F.

3. The Defendant violated the National Land Planning and Utilization Act, at the same time as paragraph (1) 1, performed the road expansion construction work as above in Gangwon-do Incheon-gun roads B and D, without obtaining permission from the competent authority. The Defendant, like the foregoing paragraph, conducted cutting and shotization work using pokes, and conducted development activities by expanding the road and changing the form and quality of the land.

4. The Defendant violated the State Property Act, at the same time and place as in the preceding paragraph, used the expansion of 125.6 square meters among 1,314 square meters, an administrative property under paragraph (1), for the purpose of opening an access road to private land as above, without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to G and H;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a criminal investigation report (including drawings of current status for reference);

1. Article 370 of the Criminal Act in relation to the crime (the point of border invasion) of the relevant Act, Article 53 Subparag. 1 of the Mountainous Districts Management Act, the main sentence of Article 14(1) (the point of mountainous district diversion without permission) of the Mountainous Districts Management Act, and Article 140 Subparag. 1 of the National Land Planning and Utilization Act.

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