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(영문) 의정부지방법원 2017.05.26 2017고단997
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office, etc. according to the classification of the type, area, etc. of the

On June 2014, the Defendant cut 2,541m2, which is part of 17,175m2 in Gyeonggi-gun, Gyeonggi-do, and which is part of 17,175m2, and diverted mountainous districts.

2. Any person who has obtained permission from a competent authority to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission for change from the competent authority.

Although the Defendant obtained permission from the competent authority for development activities only with respect to Gyeonggi-gun E and F, the Defendant cut and changed the form and quality of land without obtaining permission from the competent authority on June 2014 with respect to 2,541 square meters of land, which is part of 17,175 square meters of D Forest in Gyeonggi-gun, Gyeonggi-do, the neighboring land of the said E and F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, and a written confirmation of violation;

1. A location map, old map, certificate of all registered matters, forest register, certified copy of forest land register, forestry land use plan, and written confirmation;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 53, Article 14(1) (a) of the Management of the Mountainous Districts Act (a point for the diversion of a mountainous district without permission), Article 140 Subparag. 1, Article 56(2), and Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point for development activities without permission) concerning the facts constituting the relevant crime;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there is a need to strictly punish the Defendant in light of the fact that the Defendant, without permission, diverts the mountainous district and the area of the forest where the act of development was performed is considerable.

However, the defendant led to the confession of the crime of this case, and there is no record of punishment exceeding the fine, and this case.

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