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(영문) 의정부지방법원 2018.04.27 2017고단5770
산지관리법위반등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the competent forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to engage in development activities shall obtain permission from the competent

Nevertheless, on April 201, the Defendant, without obtaining permission from the competent authorities, cut and filled up the area of 473 square meters in Macheon-si, which is a preserved mountainous district, in order to divert the mountainous district, thereby creating mountain paths.

In addition, the Defendant cut and filled up the area of 1,508 square meters in the above land from April 2015 to April 2016, and created the pen site, constructed three gate buildings, and constructed a cemetery site by cutting and banking up the area of 654 square meters in the above land on February 2017, thereby converting the use of mountainous district and engaging in development activities at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Forest information by parcel;

1. A certificate of land use plan;

1. Application of the Act and subordinate statutes governing site photographs of GIS airlines and sites prior to illegal mountainous districts;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) (the point of exclusive use in mountain), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 (the point of unauthorized development activities) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i.e., a violation of the Management of Mountainous Districts between April 2015 and April 2016; and (ii) a violation of the National Land Planning and Utilization Act among the crimes of violation of the Management of Mountainous Districts; and (iii) a violation of the National Land Planning and Utilization Act among the crimes of violation of the Mountainous Districts Management Act around February 2017; and (iv) a punishment prescribed for a violation of each mountainous district management with heavier punishment than any punishment)

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of violation of the Management of Mountainous Districts from April 2, 2015 to April 2016, with the largest penalty);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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