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(영문) 춘천지방법원 원주지원 2015.11.03 2015고정423

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on March 2015, the Defendant, without obtaining the above permission, converted a mountainous district into a manner that changes the form and quality of the mountainous district by creating a surface and a site using a digging hole, etc. for the purpose of creating a garden in the forest land (a scale of approximately 442 square meters) located outside the Crossing-gun, Crossing-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site map of the deforestation area without permission, and warning photographs;

1. Land cadastre;

1. Application of Acts and subordinate statutes to orders to recover illegal mountainous districts;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

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