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(영문) 의정부지방법원 2014.07.08 2014고단1511
산지관리법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 29, 201, the Defendant obtained permission to convert a mountainous district for the purpose of constructing a detached house and opening an access road to the land outside Pyeongtaek-gun, Gyeonggi-do, and seven parcels, which are mountainous districts under B, and obtained permission to extend the period on March 29, 2012.

In order to divert a mountainous district, a person who intends to engage in development activities shall obtain permission by setting the purpose thereof and obtain permission from the competent authority. However, in the process of performing construction works on the said permitted mountainous district in Gyeonggi-gun D and E around February 2013, the Defendant, without obtaining permission from the competent authority, destroyed the sum of 1,00 square meters out of the said Gyeonggi-gun D mountainous district, and the sum of 1,063 square meters out of the said Gyeonggi-do D mountainous district, and the sum of 63 square meters in the said Gyeonggi-do E mountainous district, thereby changing the form and quality of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accusation by F and G;

1. The accusation book, forest land register, certificate of land use plan, copies of forestry map, current survey result map, and field photograph;

1. Investigation Report (Attached Documents) - A copy of the Act and subordinate statutes applicable to each request for extension of the period for consultation on conversion of a mountainous district (construction report);

1. Article 53 subparagraph 1 of the relevant Article of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime, and Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act;

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

1. Selection of an alternative fine for punishment (to be punished by a fine in consideration of the fact that the defendant restores the diverted mountainous district to a substantial part without permission, the fact that he/she recognized his/her mistake, and the defendant has no record of punishment exceeding the fine, etc.);

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

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

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