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(영문) 창원지방법원 진주지원 2018.03.22 2018고정11

산지관리법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district shall report to the head of a Si/Gun/Gu on the mountainous district of a forest that is not a state forest.

Nevertheless, the Defendant, without filing a report from March 5, 2017 to around two days, removed night trees, etc. already located in the land outside the Gyeongnam-gun, Busan-gun, and temporarily used a mountainous district equivalent to KRW 12,347,00,00 as a total of 1,372 square meters for planting night trees and for managing night trees for 1,372 square meters and night trees.

Summary of Evidence

1. Statement by the defendant in court;

1. Yellow dust survey report, location map of forest damaged areas, survey drawings of forest damaged areas, drawings of the current status for reference, and satellite photographs;

1. A photographer, certified copy of forestry map, forest register, and certificate of land use plan;

1. Criteria for calculation of land restoration expenses;

1. Application of Acts and subordinate statutes to order the recovery of land before illegal mountainous districts;

1. Selection of a fine, Article 55 Subparag. 2 and Article 15-2 Subparag. 4 and 7 of the former Mountainous Districts Management Act (wholly amended by Act No. 14361, Dec. 2, 2016); and selection of a fine, as to a crime

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;