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(영문) 창원지방법원 2017.06.16 2016고단3958
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the National Land Planning and Utilization Act, and violation of the Mountainous Districts Management Act from around December 2, 2013 to December 2, 2015, the Defendant created a stone shed with a length of 160 meters, a stone shed with a height of 2.5 meters, and a stone shed with a width of 50 cm and a drainage channel of 6 cm with a length of 6 cm with a length of 50 cm.

Accordingly, the Defendant changed the form and quality of land E prior to E 49m2 without obtaining permission from the competent administrative agency, and diverted the above D forest land to 301m2, the above F forest land to 76m2, and the above G forest land to 1,140m2.

2. On December 2015, the Defendant violated the Creation and Management of Forest Resources Act: (a) cut 6 gone of pine trees without obtaining permission from the competent authority in the Gu H, Jin-si, Jinwon-si; and (b) I forest land.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. An investigation report (as to a correction, etc. of the name twice);

1. Cadastral map, damage district map, details of calculation of size of violation, etc.;

1. A certified copy of land register or land use plan confirmation personnel;

1. Application of Acts and subordinate statutes on aerial photographys or on-site photographs;

1. Article 140 subparag. 1 of the relevant Act and Articles 56 subparag. 2 of the National Land Planning and Utilization Act regarding criminal facts (unauthorized change of the form and quality of land, selection of fines) and Articles 53 subparag. 1 and 14 subparag. 1 of the Mountainous Districts Management Act (unauthorized conversion of mountainous districts, selection of fines) of the same Act (the former Mountainous Districts Management Act, which was in force at the time of the instant crime, stipulates that the mountainous district shall be diverted without permission for mountainous district conversion, and Article 53 subparag. 1 of the former Mountainous Districts Management Act, which was in force at the time of the instant crime, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won (limited to imprisonment with labor and fines), and thereafter, the current Mountainous Districts Management Act, amended by Act No. 14361, Dec. 2, 2016, which was in force from June 3, 2017, shall be punished by imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won.

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