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(영문) 대전지방법원 서산지원 2014.11.21 2014고정212

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When intending to change the form and quality of a mountainous district, work shall be conducted after obtaining permission for conversion of a mountainous district from the competent authority, and no mountainous district shall be cut or filled without obtaining permission from the competent authority.

From June 15, 2013 to June 25, 2013, the Defendant changed the form and quality of a mountainous district without permission for mountainous district conversion, such as installing a water tank in Jinjin-si, D, and E forest, installing an planting water pipe, installing a mountain valley, and installing an erosion control dam in the valley of mountain.

As a result, the Defendant converted the forest of 2,080 square meters of C, D, and E in total without permission, and damaged 20 square meters of night trees (the average chest 6cm) that were born in the process, thereby causing damage to forest damage of 23,372,00 won in mountainous district recovery expenses and damage to standing timber of 2,00 won in mountainous district full-time transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. The amount calculated for calculating expenses for recovery in the year 2013, based on the actual condition survey report and the location map of the damaged area attached thereto, the satellite photograph of the damaged area (on June 2012), the illegal field photograph, the actual survey map of the current status of the illegal land, the calculation report of expenses for recovery of mountainous district, the estimate for the market price of raw resources traded, and

1. Examination and report on illegal damage to mountainous districts converted;

1. Application of statutes governing land cadastre, cadastral map copy, and land use plan confirmation;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.