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(영문) 광주지방법원 목포지원 2015.10.15 2015고정291

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purpose of piling up goods, etc. shall report the mountainous district of state forests to the Minister of the Korea Forest Service, and to the head of a Si/Gun/Gu with regard to mountainous district of

Nevertheless, the Defendant did not report temporary use to the competent authority on July 26, 2007, up to November 18, 2014, installed a low temperature cooling 22.76m2 in the forest located in Jeonnam-gun, Chungcheongnam-gun, Seoul, and used the mountainous district temporarily.

Summary of Evidence

1. Part of the defendant's legal statement made to the effect that the low temperature cooling was installed in the forest land as stated in the judgment;

1. The actual condition survey report, the site map, and the site photograph of the case;

1. Investigation report (site and suspect investigation results), photo of aeronautical image images of Do 2003, satellite pictures of 2008 (Evidence No. 45 pages of evidence), completion of projects for promoting the both salary and industry in 06, and copy of official text of subsidies executed (Evidence No. 46 pages of evidence records);

1. Application of Acts and subordinate statutes that aid and enhance the expansion;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 3 (Selection of Fines) of the Management of Mountainous Districts Act concerning criminal facts;

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the low temperature cooling house in the instant case was established with the subsidy granted pursuant to the projects to foster the Yang Salary Industry, the Defendant has no criminal power for the same kind of crime, and the Defendant’s age, character and conduct, etc. is to partially reduce the amount of the fine