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(영문) 광주지방법원 2017.12.20 2017고단3782

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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. to set the purpose thereof, and a person who intends to temporarily use a mountainous district for the purpose of creating a mountain path, such as a work road, shall report it to the

Nevertheless, without obtaining permission to convert mountainous districts around January 2017, the Defendant converted 2,375 square meters of forest trees, such as bamboo trees, bamboo trees, etc., to mountainous districts in a size of 2,375 square meters in a manner of spreading forest trees, and temporarily used mountainous districts by opening a 40-meter work with a length of 2 meters in width without filing a report on temporary use of mountainous districts with the head of Sungsung-gun Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on the actual survey report, satellite photographs, field photographs, and land register;

1. Relevant Article of the Act and Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 2 of the same Act and the main sentence of Article 15-2 Subparag. 1 of the same Act (which means the temporary use of an unauthorized mountainous district); each of the fines (which means the confession, reflectivity, absence of criminal records, the circumstances leading to the diversion of the mountainous district, the completion of restoration, etc.) concerning the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;