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(영문) 수원지방법원 평택지원 2018.01.18 2017고단1203
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. A person who intends to divert a mountainous district in violation of the National Land Planning and Utilization Act or a mountainous district management Act shall obtain permission from the head of a Si/Gun/Gu according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to engage in the same development activities as changing the form and quality of land shall obtain permission

From March 2017 to June 13, 2017, the Defendant diverted a mountainous district and changed the form and quality of land at the same time by using a square of 4,583 meters of the forest land in Ansan-si C without obtaining permission from the head of the forest office, etc. and obtaining permission from the head of the forest, etc.

2. A person who intends to establish and manage a cemetery, a clan or a corporate cemetery in violation of the Act on Funeral Services, Etc. shall obtain permission from the head of the Si, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare, and the same shall apply to any modification to permitted matters;

On November 2017, 2017, the Defendant re-established a cemetery by making use of a scre, etc. (one meter high in height) the following, without obtaining permission for change from the head of the Ansan-si, the forest land of 132 meters located in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A written statement of E, D, and F;

1. Application of accusation, on-site photographing statutes;

1. Article 54 subparagraph 1 of the Mountainous Districts Management Act, the main sentence of Article 14 (1) of the same Act, Articles 140 subparagraph 1 and 56 (1) 2 of the National Land Planning and Utilization Act, Article 39 subparagraph 1 and Article 14 (3) of the Act on Funeral Services, Etc., concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

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

1. Of the land exclusively used by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, part of the land previously reclaimed by another person is the land.

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