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(영문) 수원지방법원 여주지원 2017.03.31 2016고단1538
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 competent authority according to the classification of the types, areas, etc. of the mountainous district, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, the defendant from June 2016 to the same year.

7. In order to install facilities for the prevention of flood damages to patrolmen, cutting and stopping the forests and fields equivalent to 2,386 square meters in total, such as C forest land 2,689 square meters and D forest land 107 square meters in total, which are located in the area of 2,386 square meters in each river, and paving them into concrete block on the surface, thereby changing the form and quality thereof and diverting the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation, a written accusation, a construction plan, etc.;

1. Application of Acts and subordinate statutes governing field illegal photographs;

1. Subparagraph 1 of Article 53 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, and Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 (Unauthorized change in the form and quality) of the National Land Planning and Utilization Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who violates a mountainous district management with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. In light of the legislative purpose of the Act on the Management of Mountainous Districts and National Land Planning and Utilization of the Sentencing under Article 334(1) of the Criminal Procedure Act, changes in the form and quality of mountainous districts and conversion of mountainous districts without permission should be strictly controlled and punished. Considering the fact that the Defendant changed the form and quality without permission, the area of the diversion of mountainous districts is not small, and the present fact that the diversion of mountainous districts has not been restored to the original state, the Defendant’s liability for the crime cannot be said to be light.

However, within the reported temporary use of the mountainous district of this case

There is a possibility that deforestation and change of form and quality have increased the risk of flood damage.

Even a report on temporary use of a mountainous district.

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