beta
(영문) 전주지방법원 2018.05.04 2018고정38

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

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, the Defendant, without obtaining permission from the competent authority on June 2016, 2016, performed diversion of mountainous districts by using a chiller, etc. in the forest land located in the Seoul Special Self-Governing Province of North Korea (160m in length, 2.5m in width) and by creating a road equivalent to approximately 400m of forest land (2.5m in width).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, current status, and report on assessment of damages;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of the Mountainous Districts Act and the selection of fines concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;