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(영문) 청주지방법원충주지원 2020.11.27 2020고단242

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

Any 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 mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, from September 2019 to November 2019, the Defendant cut approximately KRW 9,408 square meters in the above B and approximately 229 square meters in the above C using one excavation season without obtaining permission from the Minister of the Korea Forest Service, etc., in Chungcheongnam-si, B and B, a preserved mountainous district, a preserved mountainous district, from September 2019 to November 201.

Accordingly, the Defendant converted a mountainous district without obtaining permission from the Administrator of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of Part II to the actual situation survey report, two parts of the damaged area map, two copies of the classification of the damaged area into the damaged area, and two copies of the classification of the damaged area;

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 (Selection of Fine) concerning facts constituting an offense;

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

1. The punishment of a fine shall be imposed by taking into account the fact that a defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has completed recovery, and the size and size of the damaged mountainous district as well as the motive of damage to the mountainous district shall be determined as ordered by taking into account the fact that he/she