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(영문) 의정부지방법원 2020.10.12 2020고단3944
산지관리법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Anyone who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and any person who intends to convert a mountainous district shall obtain permission

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2020 and permission for mountainous district conversion, conducted development activities that alter the form and quality of land by cutting and banking the area of approximately 1,158 square meters of forest land located in Nam-si, Nam-si, a quasi-preserved mountainous district, other than the permitted site, and converted the use of mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the accusation, accusation officer's statement, illegal investigation report, survey maps of the scene and old maps, field photographs, forest land use regulation information, and land use regulation information;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, without obtaining permission for development activities and permission for mountainous district conversion as prescribed by the relevant Acts and subordinate statutes, has cut and filled up, etc., and the area thereof is reasonable, but the punishment shall be determined as ordered in consideration of the fact

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