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(영문) 청주지방법원 충주지원 2017.02.17 2016고정144

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

On March 2015, the Defendant, in order to create farmland in the Audio-gun B, Chungcheongnam-do, was engaged in organizing equipment articles to convert forest land into mountainous districts without obtaining permission from the head of the forest office, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A investigation report and a report on actual condition;

1. Application of the Acts and subordinate statutes to the forest ledger and forestry map;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that: (a) the area of a mountainous district converted by the Defendant without permission is not small; and (b) the degree of damage to the mountainous district resulting from the diversion of the said mountainous district is not minor; etc. that is disadvantageous to the Defendant.

However, since the defendant deposited expenses for recovery from damage after the diversion of the above mountainous district, and the defendant applied for permission to obtain permission to divert the above mountainous district, it is likely that the illegal state caused by the diversion of the above mountainous district might be resolved. The above sentencing factors, such as the defendant's age, sexual behavior, environment, etc., shall be determined as the sentence of the defendant.

It is so decided as per Disposition for the above reasons.