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(영문) 부산지방법원 동부지원 2016.06.08 2016고단355
산지관리법위반등
Text

A defendant shall be punished by a fine not exceeding 15 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, or perform any urban planning project within a zone subject to development restriction, without permission from the competent authorities, and any person who intends to divert a mountainous district shall obtain permission from the competent authorities.

Nevertheless, from October 13, 2015 to October 16, 2015, the Defendant, without obtaining permission from the competent authorities as above, set up and cut off the land by using pokes for the purpose of creating farmland in the area D, E, F, and G (a total of 4,200 square meters) located in Busan-gun, Busan-gun, which is a development restriction zone, from around October 13, 2015.

As a result, the Defendant changed the form and quality of land and converted mountainous districts into mountainous districts, which are development-restricted areas without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against illegal acts within a development restriction zone, the application of Acts and subordinate statutes, photographs related to illegal acts, land use plans, ledger of use, cadastral map, investigation report (Listening to suspicion of violation of the Management of Mountainous Districts Act, hearing public officials' telephone statements, and attaching satellite photographs);

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act, Article 14 (1) of the relevant Management of the Mountainous Districts Act (a point for the diversion of a mountainous district without permission), Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, and Article 12 (1) of the same Act (a point for the diversion of form and quality within a development restriction zone without permission);

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

1. Selection of an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act refers to the diversion of mountainous districts within the development restriction zone without obtaining permission, and the crime of this case is not less complicated in light of the exclusive use area, and the defendant has a number of criminal records including the previous criminal records (the defense counsel has presented to the effect that “the suspension of sentence to the defendant is changed,” but the defendant is subject to the grounds for disqualification of the sentence).

(b).

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