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(영문) 의정부지방법원 2018.06.21 2018고정674
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the competent forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to engage in development activities shall obtain permission from the competent

Nevertheless, on May 2017, the Defendant changed the form and quality of land by cutting off or raising 1,024 square meters of forest land B in Gyeonggi-gu, Gyeonggi-do without obtaining permission from the competent authority.

As a result, the Defendant, without obtaining permission from the competent authorities, has engaged in development activities simultaneously.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Investigation reports (report accompanied by a written confirmation of land use plan);

1. Application of statutes on site photographs;

1. Article 53 subparagraph 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Act on the facts constituting the crime, and Articles 140 subparagraph 1 and 56 (1) (unauthorized development acts) of the National Land Planning and Utilization Act;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the provisional payment order shall be determined by taking into consideration the following factors: (a) the fact that the defendant's criminal reason for sentencing is against himself/herself while committing a crime; (b) the fact that it appears that he/she currently obtained permission for development activities and completed a building report;

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