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(영문) 춘천지방법원 강릉지원 2017.11.29 2017고정291

산지관리법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purpose of installing power transmission facilities, power distribution facilities, or telecommunications transmission facilities shall obtain permission from the head of the relevant forest office, etc.

Nevertheless, the Defendant did not obtain permission for temporary use of mountainous districts from the head of the forest office, etc., and installed six electric power distribution poles on the forest land B and one parcel outside of C in March 2016.

Accordingly, the defendant was temporarily using a mountainous district without obtaining permission for temporary use of the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of confirmation of the place of the installation of the electric poles, photophonepings of the installation of the electric poles prior to the distribution of the electric poles, response to inquiries about the facts (1j), response to inquiries about the facts (2j), and application of statutes to the results of surveying cadastral status of the cadastral works;

1. Article 53 of the relevant Act and Articles 53 subparagraph 2 and 15-2 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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;