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(영문) 광주지방법원 목포지원 2016.03.24 2016고정5

산지관리법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

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 on December 27, 2014 from 09:00 to 13:00 on December 28, 2014, 359 square meters of forest land owned by D (Defendant’s agent) located in Nam-gun, Nam-gun, Namnam-gun, for the relocation of graveyards, converted the amount of mountainous district recovery to be equivalent to KRW 1,487,00 and KRW 48,030 of the amount of damage caused by deforestation, such as pine trees, into mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report and a certified copy of forestry map;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not complete, the sentencing of the Defendant’s person was partially restored at the expense of the Defendant, in consideration of the fact that the Defendant has no record of punishment in addition to the minor two times of a fine, and that the Defendant reflects the mistake, it is sentenced to lower punishment than that prescribed by the summary order (five million won of a fine).