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(영문) 수원지방법원 여주지원 2018.09.12 2018고단688
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the competent Si/Gun/Gu, such as the head of the relevant forest office, according to the classification of the types, areas, etc. of the mountainous district

Nevertheless, the Defendant, without permission from the competent authority, performed development activities for the purpose of building a multi-family housing complex B, Gyeonggi-do, Gyeonggi-do, and without permission, diverted 72 square meters out of 12,00 square meters of C forest land, which is a quasi-preserved mountainous district outside the relevant permitted area, into diverting a mountainous district outside the preserved mountainous district without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Survey maps of the actual state of marking illegal damaged land and old maps;

1. On-site photographs of hand hand bags A;

1. Application of each airline statute;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The area of a mountainous district exclusively used without permission for sentencing under Article 334(1) of the Criminal Procedure Act and three times, where the defendant has been punished by a fine for the same kind of crime, the motive and circumstances of the crime that the defendant states, and other ages, environments, occupations, etc. of the defendant, shall be determined as set forth in the order as above, taking into account together the motive and circumstances of the crime that the defendant states;

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