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(영문) 제주지방법원 2016.09.07 2016고정424

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of the land B and C.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine the purpose thereof.

Nevertheless, the Defendant, without obtaining permission from the competent authority from May 2013 to June 201 of the same year, laid down part of the number of camping spaces in the above land from around 1,424 square meters, which had been growing up in the above land, and let the trees employ trees and make the trees equally in the site, and set up the gravel and stones on the above, and used them as dedicated to mountainous districts by changing the form and quality of the land, such as creating a camping site site, by having the trees for camping use installed.

Summary of Evidence

1. Part of the defendant's legal statement

1. Complaints of the Korea Green Environment Association;

1. Investigation reports (field verification, etc.), field photographs, investigation reports (including certificates, etc. of registered matters), investigation reports (on-site verification of damaged areas and attaching aeronautical video maps), aeronautical video maps, investigation reports (verification, etc. of the damaged area), forest damaged areas map, calculation sheets of damaged amount, and written confirmation of land use plan;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of materials);

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for criminal facts: Article 53 of the same Act and the main sentence of Article 14 (1) of the same Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and