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(영문) 의정부지방법원 2015.11.30 2015고정2313

산지관리법위반

Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall divert a mountainous district without permission from the Administrator of the Korea Forest Service.

Nevertheless, around October 6, 2010, the Defendant: (a) requested D construction in order to create a route leading to C to his farmland in mountainous districts located in Macheon-si B; and (b) D created a route with a mountainous district equivalent to 898 square meters of land by using a digging pool without permission from the Macheon-si market; and (c) changed its form and quality.

Accordingly, the defendant, in collusion with D, diverted mountainous district without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing illegal diversion areas GISD;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act (Amended by Act No. 982, Jan. 27, 2010); Article 14(1) of the Criminal Act; Article 30 of the Criminal Act (Selection of Fine)

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;