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(영문) 대구지방법원 2020.10.29 2020고단3009

산지관리법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on February 2019, the Defendant converted a mountainous district into a mountainous district in Gyeongsan-si B and C, a quasi-permanent conservation mountainous district, by means of flatizing approximately 3,300 square meters of the above forest by using sckes without obtaining permission from the Administrator of the Korea Forest Service, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report, location map, field inspection map, land use plan confirmation certificate, field photographs of all registered matters, and comparative Acts and subordinate statutes to the airline;

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

1. Although the error of the defendant in the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not weak, the defendant's act of sentencing is against the defendant, restoration to the original state, there is no record of punishment for the same kind of crime, and there is no record of crime other than the two times of fine, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc.