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(영문) 의정부지방법원 2014.07.10 2014고정754
산지관리법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall determine its use and obtain permission from the competent authority according to the classification of the types, areas, etc.

Nevertheless, on July 201, the Defendant changed the form and quality of the mountainous district without obtaining permission from the competent authorities, such as installing a chiller for the suspension of forest land and a retaining wall of reinforced soil, using the chiller in order to create a clan cemetery on two lots outside Pyeongtaek-gun, Gyeonggi-do, and 3,376 square meters of land.

2. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun;

Nevertheless, on July 201, the Defendant installed a reinforced soil retaining wall equivalent to 1m height and 300.2m in total length from the land outside Pyeongtaek-gun, Gyeonggi-do, without obtaining permission for development activities from the head of Pyeongtaek-gun.

3. A person who intends to establish and manage a family cemetery, a clan, or a corporate cemetery in violation of the Act on Funeral Services, etc. shall obtain permission from the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare;

Nevertheless, the Defendant established a clan cemetery with a size of 2,853 square meters at the same time and place as the foregoing paragraph 2 without obtaining permission from the head of Bupyeong-gu Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each accusation and each accusation;

1. Each land cadastre, forest land cadastre, current survey result map, land use planning confirmation personnel, and written confirmation of land use plan;

1. A certified copy of the cadastral map, a certified copy of the forestry map, the current status of the establishment of private cemeteries, and the application of field photograph Acts and subordinate statutes;

1. Article 53 Subparag. 1 and Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 11352, Feb. 22, 2012); Article 140 Subparag. 1 and Article 56(1) of the former National Land Planning and Utilization Act (Amended by Act No. 10599, Apr. 14, 201) as to criminal facts.

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