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(영문) 대구지방법원 경주지원 2019.07.25 2019고정57

산지관리법위반

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. in accordance with classification of mountainous districts prescribed by Presidential Decree, and shall not convert a mountainous district without obtaining permission therefor.

Nevertheless, around June 2017, the Defendant cut trees using a digging hole without obtaining permission for mountainous district conversion from the area of 559 square meters of forest preserved mountainous districts in Nam-gu B-gu, Nam-gu, Sinpo-si, and cut land and changed the form and quality of the mountainous district by changing the form and quality of the mountainous district.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Degree of the damaged area;

1. A copy of land register;

1. Forestry register;

1. The actual condition survey report;

1. A certified airline of the damaged area;

1. Photographs photographs of damaged areas;

1. Application of Acts and subordinate statutes to documents based on calculation of damages;

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

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

1. In order to raise grounds for the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, the defendant committed the crime of this case in order to accommodate the grounds for sentencing, the defendant is responsible for the crime of this case as the general affairs of the clan, the defendant has no record of crime except the sentence of a fine of KRW 500,000 other than the sentence of a clan around 194, and the defendant recognized the crime of this case and reflects its depth, and all other sentencing conditions such as the defendant's age, character and conduct, and conditions after the crime shall be determined as ordered