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(영문) 창원지방법원 마산지원 2013.12.10 2013고정608

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and the same shall apply to changes

Nevertheless, the Defendant purchased mountainous districts in 2010, which obtained permission for the conversion of mountainous districts to build a house in Changwon-si, Yongsan-si B and C, and worked using each digging hole around June 201 through August 201 and October 2012. However, the Defendant destroyed outside the area subject to permission for the conversion of mountainous districts and damaged the total of 312 square meters owned by others and 812 square meters in total, which are forest owned by the Defendant, without permission for the conversion of mountainous districts without permission for the conversion of mountainous districts, thereby causing damage to forests of KRW 9,124,00,00 by applying the gradient from 10 degrees to 20 degrees to 20 degrees to the calculation standard of mountainous district recovery expenses in 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant statutory provisions concerning criminal facts and Articles 54 subparagraph 1 and 14(1) of the Management of Mountainous Districts Act, the selection of fines (a reasonable circumstance or circumstances favorable to the defendant, such as the fact that the area of a mountainous district, the area of which was damaged by the defendant, is 1,022 square meters or more, is equal to 812 square meters or less, but the defendant is a principal offender, confession and reflect, and the restoration of a mountainous district

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;