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(영문) 인천지방법원 2014.04.24 2014고정1144
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around September 15, 2013, the Defendant violated the National Land Planning and Utilization Act: (a) cut the area of 640 square meters out of the said B forest; (b) 1,209 square meters out of the said C forest without obtaining permission from the competent authority; (c) cut the area of 640 square meters out of the said B forest, and 1,209 square meters out of the said C forest; and (d) performed development activities to change the form and quality

2. The Defendant violated the Mountainous Districts Management Act without obtaining permission from the Minister of the Korea Forest Service on September 15, 2013, and converted the use of mountainous districts into a road by cutting the area of 640 square meters among B forest land in Incheon po-gun, and 1,209 square meters among C forest land in the same manner as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation and written statement of business trip;

1. Subparagraph 1 of Article 140 and Article 56(1) of the former National Land Planning and Utilization Act (Amended by Act No. 11922, Jul. 16, 2013); Article 53 subparagraph 1 of the former Mountainous Districts Management Act (Amended by Act No. 11794, May 22, 2013) and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 11794, May 22, 2013) concerning 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 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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