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(영문) 의정부지방법원 2015.03.26 2014고정2700

산지관리법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On April 2012, the Defendant used 139 square meters of Mancheon-si C Forest Forest and 139 square meters as a pande access road operated by himself/herself without obtaining permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Drawings of illegal land and map of illegal land;

1. Land cadastre and confirmation of land use plan;

1. Application of Acts and subordinate statutes to investigation reports (verification of mountainous districts);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts [Article 53 of the same Act shall apply to conversion of a mountainous district under the Mountainous Districts Management Act, since the part of the above forest is deemed to have been in a state where standing timber was temporarily lost in light of the degree of damage, even if the former owner had already damaged the forest by breaking out the forest land before purchasing the pension site];

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes a crime of conversion requiring permission because it was minor that the defendant's act constitutes a crime of conversion of a mountainous district requiring permission.

When a person commits a crime not knowing that his act constitutes a crime under Acts and subordinate statutes, he shall not be punished only when the misunderstanding is based on justifiable grounds.

(Article 16 of the Criminal Act. However, in light of the above evidence, in light of the current status, etc. of the forest land in this case at the time when the defendant purchased a pent site and access road (Sacheon City D and E), the defendant committed an illegal act, such as examining and examining whether the act of blocking the gravel is permissible, or asking to the competent authority, even though he could have easily known that the forest in this case was a damaged forest, other than a pent site and access road.