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(영문) 의정부지방법원 2020.08.18 2020고단2023
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a camping site under the mutual name of “C” in the South-Naming City.

1. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors,

Nevertheless, the Defendant, without obtaining permission from the competent authority around April 2017 to May 5, 2017, conducted development activities, such as changing the form and quality of land, by cutting approximately KRW 1,125 square meters out of D, E, and F forest, and creating roads.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, the Defendant, without obtaining permission from the competent authority around April 2017 to May 5, 2017, converted the use of mountainous districts by cutting approximately KRW 1,125 square meters out of D, E, and F forest in Nam-si, Nam-si, Nam-gu, the quasi-preserved mountainous districts, and by creating roads.

Summary of Evidence

1. Application of the accused’s written accusation, G, a written investigation report on offenses committed by H, a survey of current status, a damaged district map, an illegal status photograph, and statutes governing site photographs;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 53 of the Mountainous Districts Management Act and Articles 14 (1) of the same Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the land subject to the instant crime is larger than KRW 1,125 square meters; (b) the land did not file an application for permission; and (c) the fact that the land was not restored to the original state

However, the reason why the defendant committed the crime of this case is the road where the village people used it.

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