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(영문) 광주지방법원 목포지원 2013.10.31 2013고단1286

산지관리법위반

Text

The punishment of the accused shall be determined by one year of imprisonment with prison labor and a fine of twenty million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Although a person who intends to collect earth and rocks in mountainous districts obtain permission from the competent authorities, the Defendant used blasting work using powders called New E, which is located in Yong-Gun, Yong-Gun, and New E, Yong-Gun, and D before the lapse of July 10, 2012, from around October 26, 2012 without obtaining permission to collect earth and rocks from the competent authorities, the Defendant carried out earth and rocks equivalent to 79,170 cubic meters in total by using dump trucks, etc. to the site of eho Lake-Gun, which are located in the gump construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police statement of F and G;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 and 25 (1) of the same Act concerning criminal facts and the selection of punishment (Concurrent imposition of imprisonment and a fine);

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.