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(영문) 광주지방법원 목포지원 2015.04.17 2015고정61

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to use mountainous districts for the purpose of grazing livestock shall report such mountainous district to the Minister of the Korea Forest Service, and to the

Nevertheless, the Defendant, without obtaining permission from the competent authority to convert a mountainous district for the purpose of grazing livestock, did not report the use of the mountainous district for the purpose of grazing livestock. On September 2013, the Defendant converted the use of the mountainous district into the mountainous district by creating 1,832 square meters among the forest land B in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the purpose of raising black salt, used the said forest for the purpose of storing black salt, and made the use of the forest as a waterway of 88 square meters among the same forest land on June 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the field location map, the results of the GPS survey, and forest damaged land (field photographs);

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 Article 15-2 (2) of the Management of Mountainous Districts Act, the selection of fines for criminal facts, the selection of punishment, and the selection of fines;

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