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(영문) 광주지방법원 순천지원 2017.12.13 2017고단1898

산지관리법위반

Text

Defendant shall be punished by a fine of two 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 set its purpose and obtain permission from the head of the forest office. However, on July 2, 2017, the Defendant engaged in an act, such as changing the form and quality of the forest by creating a site of approximately 90 square meters by using a digging hole, etc. in the area of the forest land located in the Southern-gun, Chungcheongnam-gun, which falls under the preservation mountainous district under the Mountainous District Management Act, without obtaining permission from the competent administrative agency, and destroying the forest land without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Location map at the scene of damage to forests, photographs at the scene of damage to forests, certified copies of registers, and land use plans;

1. Relevant Article 53 of the Act and the main sentence of Article 14 (1) of the Act on the Management of Mountainous Districts 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. The punishment as ordered shall be determined by taking into consideration all favorable circumstances, such as the fact that the defendant without permission damages the preserved mountainous district for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant recognized the crime and reflects it, and the closure of the charnel cemetery installed in the forests and fields as indicated in the judgment of the defendant, and other favorable conditions of sentencing, such as the criminal records, age, family environment, motive and circumstance of the crime, and area of mountainous district diversion.