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(영문) 전주지방법원 군산지원 2020.04.01 2019고정314
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

A person who intends to engage in development activities that alter the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and a person who intends to convert a mountainous district shall obtain permission therefor,

Nevertheless, the Defendant, the owner of B forest No. 5,908 square meters in Yasan-si, was the representative of the “Cridge,” and was engaged in development activities and converted into mountainous districts by changing the form and quality of trees, such as cutting or digging-out of trees, and cutting and banking of land, for the purpose of developing a site for religious facilities, without obtaining permission for development activities or permission for conversion of the said forest from February 28, 2019 to March 2, 2019, without obtaining permission for development activities or permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to the accusation site, location map, check of damaged land, field photograph, investigation report (as to the category, etc. of the site of this case);

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act [Partial mitigation of the amount claimed for a summary order by taking into account the details and details of the offense, the primary offense, the age, character and conduct, etc. of the defendant]

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