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(영문) 창원지방법원 통영지원 2014.11.05 2014고단841
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to engage in development activities that alter the form and quality of land shall obtain permission from the Special Metropolitan City Mayor

Nevertheless, on April 6, 2014, the Defendant converted the use of mountainous districts and performed development activities changing the form and quality of land by cutting off the 266 square meters of the above forest land by using sckes without obtaining permission from the competent authority for the purpose of planting fruit trees in B Il-si, 2014.

Summary of Evidence

1. Defendant's legal statement;

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

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the National Land Planning and Utilization Act, subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning criminal facts;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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