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(영문) 대전지방법원 홍성지원 2014.09.24 2014고정117

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

The defendant, from March 24, 2013 to the same year without obtaining permission from the head of Hongsung Gun for mountainous district conversion.

3. Until December 25, 200, by using the forest land of 2,573 square meters as farmland, the forest land of 2,573 square meters is destroyed by using heavy equipment among the forest land of 2,57, and the mountainous district is converted and the forest damage of 9,253,020 won is incurred.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. The report on de facto investigation (the defendant lent the equipment to D free of charge upon D's request, but denies the crime by asserting that D had created farmland by arbitrarily using equipment, but according to D's statement made on the following day after the control of D's work with heavy equipment, it can be acknowledged that D used heavy equipment for conversion of a mountainous district according to the defendant's instruction or permission's application of statutes.)

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. Although the size of the converted mountainous district is not small without permission for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered shall be determined by taking into consideration the circumstances and circumstances, which may be considered in light of the fact that the defendant's act was committed in the course of immediately completing reinstatement after he/she was investigated by an investigative agency and completing his/her liability, and allowing D to use land free of charge.