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(영문) 창원지방법원 진주지원 2015.04.30 2015고정35

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As a development business entity, the Defendant, who intends to convert or temporarily use a mountainous district, shall obtain permission, etc. from the Minister of the Korea Forest Service in accordance with the classification of the type, area, etc. of the mountainous district prescribed by Presidential Decree; however, without obtaining permission, etc., the Defendant removed standing timber from a mushroom plant and solar power plant on the land outside the land outside the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, and created a site by using a cutting machine for seven days around January 2014 for the purpose of attempting to run a mushroom cultivation and solar power plant. The Defendant, who opened a mountainous district on one parcel outside the land outside the Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, Gyeongnam-do, and extended the site development to the site development site by cutting the mountainous district and flat work using a digging machine on one parcel, and newly establishing a mountainous district to be connected to a site development site by removing standing timber in the D land outside the Gyeong-gun, Chungcheongnam-do, and temporarily using a piece of land outside the 308 square meters and 484 square meters outside the land.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 2 of the Management of Mountainous Districts Act and Articles 15-2 (2) of the Management of Mountainous Districts Act (the occupation of temporarily using a mountainous district and the selection of a fine) concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the aggregate of the amounts of two crimes)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.