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(영문) 춘천지방법원 속초지원 2019.05.29 2018고정75

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, around September 2016, the Defendant opened access roads using a digging hole without obtaining permission from the competent authority on state forest B 1,287 square meters in Gyeyangyang-gun, Gangwon-do, and converted the form and quality of the forest by installing a water collection pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes of forest damaged land survey maps, results thereof, and field photographs;

1. Article 54 subparagraph 1 of the Mountainous Districts Management Act and Articles 14 (1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the defendant's mistake, the defendant has no record of being sentenced to a fine exceeding the defendant, the defendant fulfills the duty to restore the mountainous district, and the defendant performs the duty to restore the mountainous district without permission, and other conditions of sentencing as ordered.