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(영문) 의정부지방법원 2016.05.11 2016고정586

산지관리법위반

Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

From July 2015 to September 201, Defendants suffered forest damage equivalent to KRW 11,11,606 (the amount calculated for calculating the recovery expenses for mountainous districts in 2015, as KRW 4,33.7 won) of forests and fields by illegally damaging 2,564 square meters of forests and fields by illegally damaging 11,11,60 square meters of forests and fields by illegally damaging 11,11,60 square meters of forests and fields (the amount calculated for calculating the recovery expenses for mountainous districts in 2015, as KRW 1 square meter per 4,33.7 won).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of a written confirmation of land use plan, such as field photographs of illegal land, illegal land-based plates, forest registers, and public land-based lists;

1. The Defendants of the relevant Act on criminal facts: Article 53 subparagraph 1 of the Management of each Mountainous Districts Act and Article 14 (1) of the same Act, Article 30 of the Criminal Act (a point of exclusive use of an unauthorized mountainous district), Article 54 (2) 1 and 9 (1) of the Forest Protection Act, Article 30 of the Criminal Act (a point of changing the form and quality of land within a forest conservation zone);

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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