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(영문) 광주지방법원 순천지원 2013.10.30 2013고단1421

산지관리법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission to divert the mountainous district, but around December 20, 2012, the Defendant illegally converted the mountainous district by digging up miscellaneous trees, etc. planted by using one digging season and cutting off soil, without obtaining permission from the mine cultivation market, from 7,105 square meters in the forest located within B, Jeonyang-si, Jeonyangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (calculated calculation details of areas illegally converted);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is subject to the same suspended sentence. In light of the following: (a) the damaged area caused by the instant crime is about 7,105 square meters; (b) the content of the instant crime was frightening miscellaneous trees; (c) the area of the instant crime was 50 centimeters wide; and (d) the width of the existing work route was 400 square meters, such as pine trees, etc. after the instant case; and (c) the Defendant re-exploited by means of planting 400 frights, etc., a sentence shall be