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(영문) 의정부지방법원 고양지원 2017.08.08 2017고정696

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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.

The Defendant: (a) was operating a breeding house in C adjacent to the Si of Pakistan; and (b) was in need of a place where goods, etc. necessary for the operation of the breeding house are stored; and (c) from March 2014, the Defendant entered goods, etc. into the said B without obtaining permission from the competent authority.

As a result, the Defendant diverted mountainous district 215 square meters (amounting to KRW 973,00) to mountainous district without permission to convert mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to report investigation data (including a location map and field photograph);

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are not recovered, the size of the exclusive mountainous district, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., taking into account the various sentencing conditions indicated in the records of the instant case, such as the following circumstances, shall be determined as ordered by the Criminal Procedure Act.