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(영문) 의정부지방법원 2018.01.11 2017고정2511
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she

A person who intends to engage in any activity specified by Presidential Decree that alters the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, or Special Self-Governing Province heads.

Nevertheless, from September 10, 2015 to March 10, 2016, the Defendant changed the form and quality of the land by cutting and banking the mountainous district of 1,317 square meters, which is part of the Gyeonggi-gun B, without permission, from September 10 to March 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Application of statutes on site photographs;

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 Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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

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