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(영문) 대전지방법원 천안지원 2015.09.10 2015고정533

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant inflicted forest damage equivalent to KRW 5,524,00 on the basis of calculating expenses incurred in restoring mountainous districts of the Korea Forest Service on the ground that he/she illegally converted mountainous district, such as creating a site for camping ground, etc., without obtaining permission on the forest of KRW 1,333 square meters within Seo-gu, Seo-gu, Seo-gu, Seo-gu, Yan-si from May 2013 to May 2013.

2. The Defendant inflicted forest damage equivalent to KRW 10,463,00 on the basis of calculation standards for mountainous district restoration expenses of the Korea Forest Service on the ground that he/she illegally converted a mountainous district, such as the creation of a site for camping ground, etc., within a forest of KRW 2,525 square meters, in the Middleman on May 2013 and the Seochoman on June 2014, without obtaining permission.

3. On October 2014, the Defendant suffered forest damage equivalent to KRW 2,134,00,000 for the calculation standard of recovery expenses in mountainous districts in the Korea Forest Service due to the diversion of illegal activities, such as camping site creation, etc., without obtaining permission from a police officer D, E, or F in a forest of 515 square meters within a forest.

Summary of Evidence

1. Defendant's legal statement;

1. To enter the actual survey report, survey report on the amount of damage to mountainous districts, and the forest register;

1. Application of the respective visual Acts and subordinate statutes of the location map, on-site photographs, the current status of illegal conversion, forestry map, aerial photography ( June 2006), and aerial photography (2013);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant engaged in 4,373 square meters in total in the area of converted mountainous districts without permission, and appears not to engage in the lumbering work. The Defendant has no record of criminal punishment or criminal punishment exceeding the fine due to the same kind of crime, and the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment.