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(영문) 의정부지방법원 2012.12.27 2012고정945
산지관리법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who violates the Management of Mountainous Districts Act shall obtain permission from the competent authority to develop forests and fields;

Nevertheless, around July 2010, the Defendant illegally damaged 4 lots of forest land without obtaining permission of 2,281 square meters in total, by constructing 2 gates with respect to forest land owned by the Ministry of National Defense, and using 1,113 square meters for parking lots, including 174 square meters of forest land owned by the Defendant, 951 square meters of forest land owned by the Defendant, 43 square meters of forest owned by the Defendant, and 2,281 square meters of forest land owned by the Defendant.

2. Violation of the Building Act;

(a) Where anyone intends to construct a building, he/she shall construct the building after receiving a building report from the competent authority;

Nevertheless, around July 2010, the Defendant illegally constructed a total of 59.75 square meters of land, such as two single-story houses and eaves, on the forest land owned by the Ministry of National Defense in the Gyeonggi-si, Gyeonggi-do.

(b) Any person who intends to construct a retaining wall or structure shall report it to the competent authorities;

Nevertheless, around July 2011, the Defendant illegally constructed structures without permission, such as constructing a retaining wall with natural stone from H to 3.0m to 8.0m/L/21m to the Defendant’s forest land in Gyeonggi-do.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each written statement of G and H prepared;

1. Application of four Acts and subordinate statutes to field photographs (Presentation of a reporter), satellite photographs, drawings of illegal land, field photographs of illegal land, records of cadastral survey results, current status of buildings in violation, and field photographs of illegal land;

1. Article 53 subparag. 1 of the Act on the Punishment of Mountainous Districts, Article 14(1) of the Management of Mountainous Districts Act (with no permission), Article 111 subparag. 1 and Article 14 of the former Building Act (Amended by Act No. 10599, Apr. 14, 201); Article 110 subparag. 3 and Article 83 of the former Building Act (Amended by Act No. 11057, Sep. 16, 201); Articles 110 subparag. 3 and 83 of the former Building Act (Amended by Act No. 11057, Sept. 16, 201); each of the options of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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