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(영문) 수원지방법원 2020.03.10 2019고단8127
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission to engage in development activities from a competent authority, and a person who intends to divert a mountainous district shall obtain permission to divert a mountainous district according to the classification of the types, areas, etc. of the mountainous district

Nevertheless, the Defendant, while performing construction works with permission for development activities, etc. for the creation of a site for detached houses in B B in Sungsung-si around December 2018, the Defendant, beyond the scope of such permission, committed a violation of C, D, E, and F, thereby damaging trees and topsoil that grow in a mountainous district using a refrigerator, etc., and dumping it above, did not obtain permission from the competent authority, and changed the form and quality of land that reaches a total of about 4,904 square meters and diverted mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Written statements and field photographs;

1. Application of statutes on business registration certificates;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Diversion of a mountainous district with reason for sentencing under Article 334(1) of the Criminal Procedure Act requires appropriate punishment, since the act of converting a mountainous district with reason for sentencing under Article 334(1) of the Criminal Procedure Act, which causes social losses by damaging a forest that is a minor cause, and requires considerable time and expenses for restoration

However, it is against the defendant's mistake by recognizing the crime, and it is the first offender who has no previous record, and the building company operated at the time of the crime of this case is transferred and is not engaged in the current related business, and the age, character, character, environment, circumstances, and crimes of the defendant are committed.

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