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(영문) 대전지방법원 서산지원 2014.05.01 2013고정379

산지관리법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In 2013, the Defendant created a parking lot with respect to a forest outside Tae-gun, Taenam-gun, and one parcel of land, without obtaining permission for the diversion of a mountainous district in spring, and performed a stop work, earth and sand banking, and mination, thereby damaging a forest of approximately KRW 646 square meters to ensure that the amount equivalent to KRW 2,525,00,000 is equivalent to the restoration cost.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to a copy of the public notice of the standard amount for calculating recovery expenses, such as a survey report on actual conditions, cadastral map of illegal mountainous district conversion land, land cadastre, land utilization plan confirmation certificate, field photograph, and calculation

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the Defendant committed the instant crime in order to eliminate malodor caused by illegal dumping of garbage, etc., and there are some circumstances to consider the motive of the crime. However, even though it is difficult to consider the motive of the crime, the Defendant used the mountainous district without obtaining permission to convert a legitimate mountainous district despite being aware of illegal dumping, and some land is used for parking lot purposes, including the motive and circumstance of the instant crime, and the circumstances after the crime, etc., comprehensively taking into account all the sentencing