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(영문) 제주지방법원 2014.11.05 2014고단1023

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

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 the type, area, etc. of the mountainous district

Nevertheless, on February 2, 2014, the Defendant converted the use of mountainous districts into mountainous districts by using heavy equipment, such as refrackers, etc., without obtaining permission from the competent administrative agency, on the area of 1,480 square meters in total among the forest land located in Jeju-si, Jeju-si, which is 546 square meters in size and 934 square meters in size among the forest land located in D, which is located adjacent thereto.

In addition, on April 2014, the Defendant converted the use of mountainous districts to convert the form and quality of mountainous districts by using heavy equipment, such as refrackers, without obtaining permission from the competent authorities, and removing the forest trees in the said forest by cutting and raising the ground, etc. through cutting and raising the ground.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each actual survey report, field photograph, land cadastre, and a certified copy of cadastral map;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A sentence the same as the order shall be imposed in consideration of the above circumstances, including the fact that the area of the conversion of a mountainous district is wide, the fact that the area of the mountainous district is a repeated crime period: The fact that there is no previous criminal record of the same kind, and the fact