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(영문) 창원지방법원 마산지원 2014.06.17 2014고정256

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 for conversion of a mountainous district from the Administrator of the Korea Forest Service, etc. according to classification of mountainous district and size prescribed by Presidential Decree.

Nevertheless, from January 27, 2014 to January 28, 2014, the Defendant: (a) Laying up soil using a drilling machine and dump truck in the mountainous district B in Changwon-si, Changwon-si; (b) arranged the site to be filled up as human resources; and (c) created a mountainous district of 57 square meters and converted it into farmland and created a mountainous district of 57 square meters, thereby causing forest damage in approximately 640,000 won (the result of applying the gradient from 10 degrees to 20 degrees), from January 27, 2014 to January 28, 2014.

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 and selection of fines for criminal facts;

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;