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(영문) 의정부지방법원 2019.08.22 2019고단1102
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the National Land Planning and Utilization Act obtained permission for development activities from Macheon-si (forest) in order to build a factory site in the area of 4,967 square meters around May 2018.

However, in the case of changing the form and quality of the remaining forests and fields, the site was created by using 300 square meters away from the boundary of the permission site in order to use rainwater in rainwater in the civil engineering works in the B adjacent to the above place in Macheon-si C and D (forest) around July 2018 without obtaining prior permission from the head of Si/Gun.

2. A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act without obtaining permission from the Minister of the Korea Forest Service, etc., in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and without obtaining such permission, the Defendant damaged forest land of approximately 300 square meters in size beyond the boundary of a permitted site

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F preparation;

1. A written accusation;

1. Application of the current status and degree of land (forest), each field photograph, application for approval of change, permission for development activities (G), cadastral map, cadastral map, cadastral map, photograph (C), and aerial photography Acts and subordinate statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) on criminal facts; subparagraph 1 of Article 53 of the Management of Mountainous Districts Act; and Article 14 (1) of the Management of Mountainous Districts Act (unauthorized use of mountainous districts);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the National Land Planning and Utilization Act heavier than punishment);

1. Selection of an alternative fine for punishment;

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

1. The defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, even though he/she was sentenced to several fines for the same kind of crime, shall illegally form and quality of a mountainous district beyond the permitted scope of a re-permission.

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