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(영문) 수원지방법원 평택지원 2017.11.23 2017고단1444
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

On May 2017, the Defendant cut trees for the purpose of using them as a cemetery without obtaining permission, and performed civil engineering works, on a scale of approximately 6,502 square meters in Pyeongtaek-si and three lots (E, F, G) (E, G) other than Pyeongtaek-si D in the middle of May 2017.

2. A person who intends to change the form or quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or heads of Sis

The Defendant cut a forest for the purpose of using it as a cemetery without obtaining permission at the time and place specified in the preceding paragraph, and changed the form and quality of land by performing civil engineering works.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Drawings of current status, and drawings of land surveys of illegal areas;

1. Application of the written accusation and written statements to statutes;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is to promote the relocation of the existing cemetery expropriated as the president of the clan for the sentencing of the order of provisional payment, resulting in the crime, completing restoration works, living without any criminal history so far even though it has been old, living without any criminal history, and there is a risk of recidivism.

Considering difficult points, etc.

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