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(영문) 인천지방법원 2015.05.29 2015고정97
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

1. Violation of the Mountainous Districts Management Act;

A. On May 2014, the Defendant used a mountainous district to convert the mountainous district without obtaining permission from the Minister of the Korea Forest Service, by packaging a concrete package of a mountainous district of approximately 400 square meters in Bupyeong-gu, Incheon, or E forest and field, and installing containers on the ground.

B. On May 2014, the Defendant: (a) flated a mountainous district of approximately KRW 1,000 square meters of land in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, G, H, and I Forest Land; and (b) loaded construction materials on the ground, converted the use of mountainous district without obtaining permission from the Minister of the Korea Forest Service.

2. No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut down bamboo and trees, divide land, stockpile articles, etc. in a development restriction zone without obtaining permission from the head of the competent Gu on Special Measures for Designation and Management of Development Restriction Zones;

Nevertheless, on May 2014, the Defendant did not obtain permission within the development-restricted area equivalent to approximately KRW 1,000 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, G, H, I, and I, which is equivalent to KRW 1,00 square meters.

The act of piling up construction materials and goods, such as the entry in the port.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Each police statement made to J;

1. Location map and current status photograph;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of land use planning confirmation sources), investigation reports (Attachment of satellite photographs, etc.);

1. Subparagraph 1 of Article 53 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for the Management of Mountainous Districts (Unauthorized Permission for Mountainous Districts and Selection of Fines) concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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