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(영문) 수원지방법원 여주지원 2016.10.28 2016고정89
산지관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is the owner of 1,087 square meters of forest land category C in Gyeonggi-gun. A.

A person who intends to convert a mountainous district into a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of mountainous district types, size, etc. prescribed by Presidential Decree,

Nevertheless, on July 2014, the Defendant performed embanking-gun 1,087m2 without permission from the competent authority, and converted the use of mountainous districts to build retaining walls on 262m2m2.

(b) Where it is intended to construct buildings or install structures in violation of the National Land Planning and Utilization Act, permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns;

Nevertheless, the Defendant exceeded 262 square meters of soil without permission at the date, time, and place under the above paragraph (a), and installed a retaining wall with the highest height of 7 meters in length as an reinforced soil on the floor area of 262 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written accusation;

1. Current status photographs;

1. Application of Acts and subordinate statutes to current status surveying;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) of the Management of Mountainous Districts Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 1 of the National Land Planning and Utilization Act, the selection of fines for each crime;

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

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

1. Taking into account the fact that a retaining wall was installed at the request of the landowner around the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that the restoration and completion of an illegal mountainous district has been completed, etc.

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