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(영문) 대구지방법원 서부지원 2020.01.30 2018고정793
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by fine of 4,000,000

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

Reasons

Punishment of the crime

On August 14, 2019, the Defendant was sentenced to a suspended sentence of two years on October 22, 2019 at the Seogu District Court Branch of the Daegu District Court for the crime of violation of the Road Traffic Act, and the judgment was finalized on August 22, 2019.

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City

Nevertheless, around September 18, 2018, the Defendant changed the form and quality of land without permission by using equipment, such as Pokera, etc., for the purpose of creating farmland.

2. A person who intends to divert a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and

Nevertheless, the Defendant, on September 18, 2018, damaged mountainous districts without permission by using equipment such as scrails, etc., on a forest with approximately KRW 251.76 square meters of land located in the Gyeong-gun, Sung-gun, Sung-gun, Gyeong-gun, the quasi-Preservation mountainous district, without obtaining permission for conversion of farmland for the purpose of creation of farmland.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation-written statement (related public officials), written confirmation, and on-site photographs;

1. Investigation reports (report on verification as to whether the mountainous district for exclusive use is a preserved mountainous district);

1. Previous convictions in judgment: Status of investigation (related to concurrent crimes under the latter part of Article 37 of the Criminal Act of the defendant A), one copy of judgment, and application of Acts and subordinate statutes of a list of related cases;

1. Article 140 subparagraph 1 of Article 140 of the relevant Act and Article 56 (1) 2 of the National Land Planning and Utilization Act (the point of change of the quality of land without permission), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, and the selection of fines, respectively;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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