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(영문) 광주지방법원 순천지원 2015.02.10 2014고정610

산지관리법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 2013, the Defendant did not report the change of the form and quality of mountainous district without permission when setting up a 6m wide range and 64m wide area work with a length of 6m or 64m wide, in mountainous district located within the mountainous district located in Net City C around the lower end of October, 2013.

2. The Defendant, in violation of an order to restore a mountainous district unlawfully altered in the form and quality from the net market, on four occasions in total, on March 5, 2014, did not comply with the order, even though he/she received an order to restore the mountainous district unlawfully altered in the form and quality, such as the foregoing paragraph (1).

Summary of Evidence

The defendant's legal statement, report on results of on-site investigations, and application of the statutes

1. Relevant Article on criminal facts: Violation of subparagraph 1 of Article 55 and the former part of Article 15 (1) of the Management of Mountainous Districts Act by failing to report on the selection of fines: subparagraph 10 of Article 55 and Article 44 (1) of the Management of Mountainous Districts Act;

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

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

4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, the circumstances leading up to the instant violation, the partial restoration of the original state, and the imprisonment with prison labor for a year and six months, and the amount of the fine shall be determined in consideration of equity, etc. in cases where the judgment is