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(영문) 춘천지방법원 원주지원 2014.06.18 2014고정70
국토의계획및이용에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【2014 Height 70】 Any person who intends to alter the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun. However, the Defendant cut the land of approximately 4,000 square meters owned by the Defendant located in Gangwon-gun C on August 17, 2013 without permission from

【The Defendant, around August 15, 2013, damaged the forest damage amounting to KRW 17,353,000 as forest restoration cost by illegally damaging the forest land of KRW 1,160 square meters in the process of establishing a Jin and Access roads by converting the forest into three lots (E, F, and G), other than Gangwon-gun, a forest owned by another person, without the permission procedure for conversion of the forest.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Voluntary statement of H;

1. On-site photographs 2014, 202

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 140 subparagraph 1 of the relevant Act and Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized changes in form and quality, selection of fines) on criminal facts, and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act (Unauthorized changes in the form and quality of mountainous districts and selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Mountainous Districts Management Act which has heavier penalty);

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

1. To reduce the initial fine by reflecting the circumstances, such as the fact that there is no criminal record on the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that the defendant reinstates the result of the instant crime after the summary indictment of this case

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