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(영문) 수원지방법원 평택지원 2015.06.11 2015고정14
산지관리법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the Mayor, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, but the Defendant, on March 2014, conducted conversion of a mountainous district by cutting the area of 318 square meters of D forest land, 318 square meters of land, 3 square meters of forest land owned by the Korea Rural Community Corporation, 131 square meters of forest land, and 185 square meters of forest land owned by the G,

2. They shall not commit any act changing the form and quality of land within a forest protection zone in violation of the Forest Protection Act;

Nevertheless, around March 2014, the Defendant cut the aggregate of 637 square meters of the area of the inside-si, E, H, and F forest in the forest conservation zone, such as the foregoing paragraph (1) and changed the form and quality of the land.

3. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the Mayor, etc.

Nevertheless, the Defendant cut the aggregate of 637 square meters in Gyeonggi-si, E, H, and F forest areas, such as the foregoing paragraph (1), around March 2014, and changed the form and quality of land by altering the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to the accusation book, aerial photography, field photograph, confirmation of land use plan, land cadastre, nearby cadastral map, and old map, current status photograph, and confirmation of facts;

1. Relevant Article of the relevant Act on criminal facts, subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act, Article 54 (2) 1 and Article 9 (1) 4 of the Forest Protection Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act, and selection of fines, respectively;

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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