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(영문) 의정부지방법원 2016.01.28 2015고정2520
산지관리법위반등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

A person who intends to build buildings, install structures, change the form and quality of land, or engage in other development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province branches, or the heads of Sis/Guns/Gus, while a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest administration, Mayors/Do Governors, or Sis/Guns/Gus in accordance with the classification of the types, areas,

Nevertheless, from around December 2, 2014 to February 2, 2015, the Defendant changed the form and quality of land by cutting and banking the area of the forest of a size of 992 square meters by using the excavation cutting machine in one parcel outside Gyeonggi-gun B, and one parcel outside Gyeonggi-gun without permission.

Accordingly, the Defendant used mountainous districts without permission and engaged in development activities simultaneously.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. On-site photographs of illegal matters, aerial photographys, or the calendar map of an illegal damaged area;

1. Application of Acts and subordinate statutes to the land ledger, land use plan confirmation certificate, and forestry map;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act and 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 the relevant crime;

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

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act; Article 334(1) of the Criminal Procedure Act;

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