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(영문) 창원지방법원 진주지원 2014.12.17 2014고정428

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. A 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 the types, areas, etc. of mountainous districts prescribed by Presidential Decree for a specified purpose, notwithstanding the fact that the Defendant, from February 15, 2014 to February 16, 2014, directed an excavating engineer for the purpose of cultivating withering, cooking, etc. on one parcel, other than the forest land in the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, etc., to convert the mountainous district into a mountainous district

2. Although a person who intends to temporarily use a mountainous district is required to file a report, the Defendant, without filing a report for two days from February 15, 2014 to February 16, 2014, directed an excavating engineer for the purpose of linking the said C forest with D as an existing work site, and temporarily using a mountainous district by removing miscellaneous trees from 127 square meters among them and opening a work site by cutting the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 2 of the Management of Mountainous Districts Act, and Article 15-2 (2) 7 of the Management of Mountainous Districts Act, the selection of fines for criminal facts, the selection of penalties, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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