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(영문) 제주지방법원 2014.06.20 2014고단496
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of mountainous district types, size, etc.;

Nevertheless, on April 2013, the Defendant constructed a building for the purpose of using it as a warehouse, etc. without obtaining permission from the competent authority, among forest land equivalent to 2,653 square meters located in Jeju-si, Jeju-si.

2. Any person who intends to engage in land development activities, such as construction of buildings in violation of the National Land Planning and Utilization Act shall obtain permission from the Governor;

Nevertheless, the Defendant, without obtaining permission from the competent authorities, constructed a provisional building in an area equivalent to 132 square meters out of the forest and fields, which are the green conservation area, and performed development activities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on unauthorized construction photographs;

1. Article 53 subparagraph 1 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) of the National Land Planning and Utilization Act, the selection of fines for criminal facts;

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. Comprehensive consideration of all the circumstances, including the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the background leading up to the crime, the reflective nature, and the failure to restore to the original state.

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