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(영문) 수원지방법원 여주지원 2013.06.12 2012고정302 (1)
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to divert a mountainous district violating the Management of Mountainous Districts Act shall obtain permission from the competent administrative agencies;

From the end of June 2008 to the beginning of November 2008, the Defendant was performing construction works with the permission for the extension of ornamental trees from part of the 31,202 square meters of Gyeonggi-gun C Forest land, which was located in the same area other than the permitted site within the same area in the said temporary border, and 972 square meters of the 3,445 square meters of the 4,959 square meters of the 972 square meters of the 4,959 square meters of the said forest adjacent to the said forest (total 4,417 square meters) without obtaining permission from the competent authority.

2. Any person who intends to engage in development activities in an area subject to the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, on October 2009, the Defendant engaged in development activities without permission by opening concrete packaging roads in Gyeonggi-gun, Gyeonggi-do, 470 square meters of forest land, which is a planned control area for patrolman, without permission for development activities.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E statements;

1. Illegal damaged photographs;

1. Survey map of damage to illegal land;

1. Lost photographs of illegal land;

1. Confirmation of land use plan (C);

1. Application of the Acts and subordinate statutes concerning known reporting of mountainous district conversion;

1. Article 53 of the Act on the Punishment of Mountainous Districts, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts 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 selection of fines for crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Mountainous Districts Management Act, which is heavier than punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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