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(영문) 대전지방법원 서산지원 2018.08.22 2018고단461

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

Nevertheless, the Defendant cut standing timber, such as miscellaneous trees, in the 3,350 square meters of forest land B in Jin-si, Si, 2017, without obtaining permission from the head of the forest office, etc., and cut it into a dry field for the high-gu farm for the high-gu farm for the high-gu farm for the high-speed farm. From December 28, 2017 to December 29, 2017, the Defendant formed a dry field for the 707 square meters of forest land in Jin-si and B and 5,572 square meters of forest land within 5,00 square meters, without obtaining permission from the head of the forest office, etc., by cutting down standing trees, such as miscellaneous trees, etc. located therein, and formed soil as a dry field for the high-gu farm for the high-gu farm for the high-gu farm.

Accordingly, the Defendant converted the use of mountainous districts into a total of 9,629 square meters without obtaining permission from the head of the forest office, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to order the restoration of illegal mountainous districts, such as a survey report (including attached documents, such as aerial photographys), land register, a certified copy of cadastral map, a certificate of land use plan;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense, and Articles 53 and 14 (1) of the Management of the Mountainous Districts which choose a penalty, and the selection of a fine (including recovery of damaged mountainous districts, etc.);

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

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

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