logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2019.09.06 2019고정10
국토의계획및이용에관한법률위반등
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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, and a person who intends to engage in development activities, such as gathering earth and rocks, shall obtain permission from

Nevertheless, from the end of April 2018 to the beginning of May 2018, the Defendant, without obtaining permission from the Minister of the Korea Forest Service and the competent authority, conducted cutting, packaging, and collecting soil and rocks in order to create the parking lot site of the hotel operated by the Defendant at the 346m square meters of Sim B forest, which is a preserved mountainous district, and conducted development activities without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of C’s written laws and regulations

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 53 of the Mountainous Districts Management Act and Articles 14 (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;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the Defendant’s mistake, and the Defendant did not restore to its original state, including the area of land where the Defendant performed conversion and development activities without permission. In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the amount of fine under the summary order is not excessive, taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

arrow