Text
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 5, 2018, the prosecutor deleted the part of the crime of violation of the Cultural Heritage Protection Act in relation to the relationship between the crime and the crime, and applied for permission to amend the bill of amendment on the third trial date.
Anyone who intends to change the form and quality of land in any urban park shall obtain permission for occupation and use from the competent authority that manages the relevant urban park, as prescribed by Presidential Decree.
In addition, a person who intends to divert a mountainous district shall obtain permission from the head of the forest office according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to engage in development activities, such as changing the form and quality of land, must obtain permission from
The Defendant did not obtain the above permission under the Urban Park and Green Areas Act, the Mountainous Districts Management Act, and the National Land Planning and Utilization Act, and changed the form and quality by cutting one meter meter per square meter per 29 square meters from among Incheon reinforced C Forest land, which falls under urban areas, green areas, urban natural park areas (B natural park areas), quasi-preserved mountainous districts (K natural park areas), around October 2017.
Summary of Evidence
1. The defendant's legal statement (the third public trial date);
1. Each police statement made to D or E;
1. Application of a complaint, on-site photographs, copies of cadastral map, confirmation of land use plan, actual survey report, change of the form and quality of a mountainous district, field photographs, on-site drawings, on-site drawings, and drawings and subordinate statutes;
1. Article 53 subparagraph 2 of the relevant Act on Urban Parks, Greenbelts, etc. (the occupation and quality change of land without permission), Article 24 (1) 2 (the occupation and quality change of land without permission), Article 53 subparagraph 1 of the Mountainous Districts Management Act, Article 14 (1) (the occupation of mountainous districts without permission) of the Mountainous Districts Management Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (the occupation of an unauthorized development act);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;