beta
(영문) 대전지방법원 서산지원 2015.10.22 2015고정168

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From December 30, 2008 to December 31, 2016, the Defendant has been engaged in civil engineering work with permission to collect earth and rocks for the purpose of cutting down mines and facilities on land and land outside Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and from December 31, 2016.

In order to collect stone from the land for permission to collect stone, the Defendant, from October 2014, without obtaining permission, obtained permission to collect stone, and from around 2,890 square meters of the area using a digging hole within the above forest area, collected 6,535 cubic meters of stone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing de facto survey reports, illegal land status maps, earthal statements, and field photographs;

1. Article 53 of the relevant Act and Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 25, and the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant obtained permission for collecting earth and rocks only, and collected stone at will, even though the quantity is not small, it is recognized that part of the base line or lower was excavated during the process of earth and sand collection, thereby leading to the instant crime. Some stone were restored to their original state, as the restoration cost was deposited, and damage caused by the instant crime appears to be entirely recovered, and the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions specified in the records and pleadings of the instant case.