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(영문) 의정부지방법원 2017.04.27 2017고정468
산지관리법위반
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

The defendant is the owner of B and 3 lots outside South Korea.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. by setting the purpose thereof.

Nevertheless, the Defendant, without permission from the competent authority, maintained the current status of Non-Packing C at around April 30, 2015 with a width of 30 meters wide by using a c-mailed road, and maintained it with a width of 30 meters; ② on June 30, 2016, the current status of D concrete expanded the current status to a width of 5 meters and 30 meters in length; ③ installed a road with a width of 3 meters in width and 30 meters in length at B and 1 (E) around October 30, 2013, and changed the form and quality of mountainous district as farmland by maintaining a d-liced forest with a width of 400 square meters around April 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written accusation;

1. An investigation report on violation and a land register;

1. Application of current status photographs, and old map statutes;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts Act concerning the facts constituting an offense and the selection of punishment;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the frequency and contents of the instant crime, the Defendant’s identical criminal records, etc., and the punishment is determined as ordered by the summary order on the ground that the fine under the summary order cannot be deemed excessive.

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