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(영문) 대전지방법원 2013.09.27 2013고정1108

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

On November 10, 2012, the Defendant: (a) mobilized heavy equipment, without obtaining permission from the competent authority; and (b) extracted bamboo trees and Acarcaro, etc. owned by the Korea Forest Service; and (c) performed a stop work of cutting the land into the land and diverted the land.

Summary of Evidence

1. Defendant's legal statement;

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

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 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant has diverted state forests without permission and has diverted state forests, and there is a need for punishment corresponding thereto.

However, the punishment shall be determined as ordered in consideration of the fact that there is no previous conviction and reflects, and the completion of restoration to the original state on September 5, 2013.