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(영문) 대구지방법원 2020.10.21 2020고단4526

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Nevertheless, on April 2020, the Defendant converted the use of mountainous districts by cutting about 10gs of trees, such as dump trees, using refrackers, etc. for the purpose of growing 2,730 square meters of forest land outside Gyeonggi-si, a quasi-preserved mountainous district, and by changing the form and quality of land to cover KRW 70,450,00 of expenses for restoring mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Criteria for calculating expenses for restoring a mountainous district in 2020, such as a location map, on-site inspection map, a land use plan certificate, and full registered certificates;

1. Application of Acts and subordinate statutes concerning field photographs and aerial photographys;

1. Article 53 of the relevant Act and the latter part of the main sentence of subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, and Article 14 (1) of the same Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. The purpose of the suspended sentence under Article 62(1) of the Criminal Act is to revitalize part of the neglected orchard without planting the grounds for sentencing under Article 62(1) of the Criminal Act, and there was no substantial damage to forests, and thus, efforts are made to restore forests, such as planting bag trees after enforcement, etc. In light of the fact that there is no record of punishment and no record of punishment, and that there is a report on a mother suffering from dementia in an unmarried state, and the Defendant’s age and course of the case, etc., the crime liability is not so large that the risk of recidivism is not likely, and thus, a fine is selected and its execution is suspended. It is so decided as per Disposition on the grounds above.