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(영문) 광주지방법원 2013.07.05 2013고단1692

산지관리법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district may obtain permission for conversion of mountainous district, but the Defendant illegally converted a mountainous district by gathering night trees planted using equipment, such as scrails, etc. in order to use the said mountainous district as a dry field without obtaining permission from the head of the relevant 3,874 square meters of forest land owned by D in Fayang-gun C around September 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (location map, photographs, and measurement map of GPS);

1. Application of Acts and subordinate statutes to land ledger;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order under Article 334(1) has some circumstances to be taken into account in the course of the instant crime; (b) the completion of a considerable amount of recovery from the unlawfully converted mountainous district; and (c) the Defendant