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(영문) 의정부지방법원 2017.01.24 2016고정2253
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as construction of buildings or installation of structures, shall obtain permission for development activities, and any person who intends to erect a structure prescribed by Presidential Decree, such as a retaining wall to develop a building site, shall file a report thereon with the head of the competent Si/Gun/Gu, and any person who intends to divert a mountainous district shall obtain permission from the head of the competent forest office, etc. according to the classification

On October 2014, the Defendant installed concrete retaining walls (referring to 96 meters in length, maximum 3 meters in height) and reinforced soil retaining walls (referring to 126 meters in length, maximum 3 meters in height), which are structures, without permission or reporting, in order to prevent miscellaneous and earth erosion generated from existing permitted construction works, on the 2,015 square meters of forest and fields located in B, Yangju-si, Yangju-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A C statement;

1. Illegally damaged or old maps;

1. Application of Acts and subordinate statutes concerning illegal damage of mountainous districts and photographs;

1. Article 140 Subparag. 1 of the National Land Planning and Utilization Act and Article 56(1)1 (a) of the same Act on criminal facts; Article 110 Subparag. 3 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Article 83 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act (limited to diversion of a mountainous district without permission)

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

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