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(영문) 의정부지방법원 2016.07.07 2016고정942
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district, install structures, change the form and quality of land, etc. shall obtain permission from the competent authority.

Nevertheless, the Defendant changed the form and quality of land without obtaining permission from the competent authority, from December 9, 2015 to December 13, 2015, by cutting and raising the area of 1,528 square meters of forest land located in Nam-si, Namyang-si, Nam-si, Busan-si, which is a mountain village, into one meter or four meters high, and by creating a flat in the stairs formula, and by installing a container, which is a structure of 21 square meters wide at the same place, converted mountainous districts and engaged in development activities at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of C and D;

1. A statement of investigation of offenses;

1. Illegal photographs of the current status;

1. Application of Acts and subordinate statutes on land ledger;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 1 and 2 (unauthorized development) of the same Act concerning the facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) (unauthorized use of mountainous districts) of the Mountainous Districts Management Act;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against the defendant's recognition of the crime of this case; the defendant has restored to the original state for illegal development, mountainous district diversion; the defendant's age, sexual conduct, environment, motive for the crime, means and consequence of the crime; and the conditions for sentencing such as the circumstances after the crime are considered.

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