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(영문) 수원지방법원 여주지원 2016.11.16 2016고단946
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Where a person intends to collect earth or stone in a mountainous district in a forest which is not a state forest that violates the Management of Mountainous Districts Act, he/she shall obtain permission to collect earth or stone from the head of a Si/Gun

Nevertheless, the Defendant collected soil and stones equivalent to 83,12 cubic meters from the mountainous district of the land outside the doju City and six parcels (27,326 square meters) from around December 2014 to March 2015 without obtaining permission from the competent administrative authority.

2. Anyone who violates the National Land Planning and Utilization Act shall obtain permission for development activities from the competent authority;

Nevertheless, the Defendant collected earth and stones equivalent to 83,122 cubic meters from the competent authorities without obtaining permission from the competent authorities, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 3 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 25 (1) of the same Act, and subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) of the same Act on criminal facts;

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

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