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(영문) 의정부지방법원 2016.04.14 2015고정1962
산지관리법위반등
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

1. A person who intends to engage in activities, such as construction of buildings, installation of structures, change of form and quality of land, etc., in violation of the Management of Mountainous Districts Act, and violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, while a person who intends to divert a mountainous district shall obtain permission from the head of a forest, etc. according to the classification

Nevertheless, the Defendant, without obtaining permission from the head of Bupyeong-gu Gun and the head of the Forest Office, performed development activities at the same time as converting the use of a mountainous district with a size of 2,272 square meters and a road in Pyeongtaek-gun C, which is a mountainous district interest management area from January 2015 to March 2015.

2. Revocation of permission, authorization, etc., suspension of construction, reconstruction or relocation of structures, etc., under the National Land Planning and Utilization Act, and other necessary dispositions or orders may be issued to a person who engages in development activities without obtaining permission for development activities, from the Minister of Construction and Transportation, the Mayor/Do Governor, or the head of a Si/Gun/Gu.

The Defendant did not comply with an order issued by the head of Pyeongtaek-gu to suspend construction works on March 10, 2015 with respect to development activities without permission under paragraph (1) on January 21, 2015; and on February 27, 2015; and on March 3, 2015, without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. D and E statements;

1. A written accusation;

1. A report on the assessment of expenses incurred in restoring a site before illegal mountainous district, a certificate of land use plan, and Gu map;

1. Application of each investigation report, each photographic video-related statute;

1. Article 53 subparag. 1 and Article 14 subparag. 1 (a) of the Management of the Mountainous Districts Act (a point for the diversion of a mountainous district without permission) regarding the facts constituting an offense, and Articles 140 subparag. 1 and 56 subparag. 2 (a) of the National Land Planning and Utilization Act (a person without permission) of the same Act;

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