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(영문) 의정부지방법원 2017.02.13 2016고정2238
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a branch office of a Special Self-Governing Province

Nevertheless, on February 2, 2016, the Defendant cut out part of 26,876 square meters among 26,876 square meters, and 2,955 square meters of forest land, such as 1,487 square meters of forest land, which is part of 1,487 square meters, and 5,815 square meters of forest land, and changed the form and quality of mountainous districts and land by cutting and raising them.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation filed by the F and G;

1. Application of Acts and subordinate statutes, such as surveying the current status, field photographs, and forest register;

1. Subparagraph 1 of Article 53 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts 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 (a change in the form and quality of land without permission) concerning the crime;

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. Although the violation area of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is reasonable, the part of the forest cut by the defendant for the restoration of the original state was planted, the part of the forest cut up and filled up was also restored to the original state, and the part of the forest cut up and filled up was also partly restored to the original state, and the restoration work will be completed in the future.

consideration, etc.

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