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(영문) 대전지방법원 천안지원 2018.07.10 2018고정383

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

On September 2017, the Defendant stated to the effect that “the Defendant temporarily used a mountainous district to convert the mountainous district without reporting the temporary use of the mountainous district in South-gu, South-gu, Dong-gu, Seoul, and illegally use the mountainous district,” but in light of the applicable legal provisions, etc., it is obvious that it is a clerical error and thus, recognized by correcting it.

It has damaged 57 square meters in forests, and caused forest damage equivalent to KRW 8,079,00 in terms of recovery costs in mountainous districts of the Korea Forest Service.

Accordingly, the defendant did not report the temporary use of the preserved mountainous district and used the mountainous district temporarily.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the stamp report, the report of recognition, the report of actual status of illegally damaged land, the report of actual condition of survey, the location map, the site photograph of the case, the report of calculating the amount of damage, the current status of illegal mountainous district, the aerial photography, the land register, a certified copy of the cadastral map, a certified copy of land use planning-related

1. Article 55 subparagraph 2 of the relevant Act and Articles 15-2 and 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order shall be determined as ordered by taking full account of the various circumstances revealed in the trial process, such as the criminal records of the defendant, the size of damaged forest, the width of the road opened, the age, sex, criminal conduct, environment, circumstances after the crime, etc.