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(영문) 춘천지방법원 영월지원 2020.01.07 2019고정83

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, the Defendant, without obtaining permission from the competent authority on April 2018, laid down sand on the part of 1,340 square meters among the 1,340 square meters of Gangwon-si forest land B, which is a quasi-permanent conservation mountainous district, and converted the use of mountainous districts by piling stone and concrete wastes on the forest land around May 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to data on waste treatment, land cadastre, orders for recovery of mountainous districts and notification of deposit of recovery expenses due to illegal diversion of a state forest, documents attached thereto, investigation reports (verification of reinstatement or confirmation of whether damage is compensated) and attached documents;

1. Article 53 of the relevant Act and the latter part of the main sentence of Article 53 of the Mountainous Districts Management Act, the main sentence of Article 14 (1), and the selection of fines for criminal facts;

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;