logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2013.09.16 2012고단889
산지관리법위반
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 21, 201, the Defendant, as the representative of the engineering work chain “D”, contracted to purchase the said forest and field civil works on November 22, 201 with respect to the aggregate of 1,748 square meters of forests and fields in fact (land category transfer, paddy field, and forest land) from the head of Gyeyang-gu, the land owner, under which E, a land owner, entered into a contract to purchase the said forest and field civil works.

During the construction process, between November 29, 201 and December 8, 2011, the Defendant cut 1,639 square meters in total, including 35 square meters of H forest and 35 square meters of land located on the roadside of the site where the development was permitted, 532 square meters of forest and 278 square meters of J forest, 360 square meters of K forest and 434 square meters of land, and 1,639 square meters of forest and 5 lots of forest and 639 square meters of land located on the side of the site where the development was permitted, and used them as a site for the above development site. In addition, the Defendant cut 2,434 square meters of forest and 7,000 square meters of forest and 434 square meters of land located on the lower side of the site where the development was permitted, without obtaining permission from the competent administrative agency.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement of witness G, E andO in the second protocol of the trial;

1. Each statement of P;

1. A satellite cadastral map;

1. On-site photographs of illegal land;

1. Survey map of the current status;

1. Application of old map statutes

1. 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 concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has faithfully implemented restoration works);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow