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(영문) 창원지방법원 마산지원 2017.12.19 2017고단1101

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, from November 2013 to January 20, 2015, the Defendant converted the use of mountainous districts into mountainous districts without obtaining permission from the head of the Korea Forest Service, such as newly constructing one stable and packing concrete packaging, in the area of forest land B, C, D, and E extending over 2,914 square meters in Hanam-gun, Hanam-gun, C, D, and E without obtaining permission from the head of the Korea Forest Service.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: The range of damaged forests is wide.

The favorable circumstances: The crime of this case is against the law.

Some of the damaged forests were restored.

There is no record of punishment for the same crime or suspended execution or heavier punishment.