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(영문) 대구지방법원 서부지원 2019.11.21 2018고정331

산지관리법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall convert a mountainous district without obtaining permission from the competent authority.

Nevertheless, in 2017, the Defendant partially revised the facts charged to the extent that there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense, which is a non-permanent conservation mountainous district.

The form and quality of forest land was changed from approximately 350 square meters in forest land by cutting, raising, and embling them into work roads, expanding a tomb, and creating a stone shed.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of witness by the police officer regarding D;

1. Investigation report on actual conditions of mountainous districts-related Acts and subordinate statutes, illegal mountainous district location map, Internet satellite photographs of 2008 against illegal mountainous district, Internet satellite photographs of 201 against illegal mountainous district, Internet satellite photographs of 2011 against illegal mountainous district, Internet satellite photographs of 2017 against illegal mountainous district, current status of illegal mountainous district conversion district, calculation of existing cemetery area, photographs as of illegal mountainous district, photographs at the time of damage to illegal mountainous district, and results of investigation on damage against illegal mountainous district;

1. Two copies of output of land use plan;

1. The application of Acts and subordinate statutes to a report on investigation (related to the determination of an exclusive area of property) [the defendant asserted that the statute of limitations for this part has expired since he created stone axis before around 2007. However, even if the defendant's assertion is true, since an act of converting a mountainous district without permission has the nature of continuous crime, and as long as the act of converting a mountainous district without permission continues to exist without permission, it is reasonable to deem that the statute of limitations has not run

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;

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

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