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(영문) 대전지방법원 서산지원 2018.02.21 2017고단1062

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on June 30, 2017, the defendant, without obtaining permission of the Seosan City market, moved standing trees by mobilization of Track for the purpose of using it as farmland in the area of 2,842 square meters of forest land B in Seosan City, Seosan City, which is equivalent to the area of 2,842 square meters.

As a result, the defendant converted a mountainous district to a mountainous district other than the preservation mountainous district without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, photographs of areas damaged by forests, and land use plan;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant has completed restoration to the original state in violation of the Act; the first offender has been in violation of the Act; the defendant's age, environment, sex, motive, means and consequence of the crime; and all factors of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order, taking into consideration the following factors.