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(영문) 대전지방법원 천안지원 2015.04.16 2014고단1883

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

From September 2009 to May 201, 2013, the Defendant cultivated a dry field by forming a dry field, with a total of 2,148 square meters of forests in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, and installed two containers and one warehouse, and converted a mountainous district without obtaining permission for conversion of mountainous district, such as creating a pond.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each video statute to the scene photographs of the case site and the current status of illegal conversion;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order is reasonable. The amount of the mountainous district exclusively used by the defendant is about 8.9 million won according to the criteria for calculating expenses for recovery of mountainous district publicly notified by the Korea Forest Service. Meanwhile, the mountainous district exclusively used by the defendant seems to have been restored to its original state; the defendant has no record of punishment due to the same kind of crime; the defendant is deemed to have committed a crime due to the site of law; and the defendant is against the defendant's age, character, conduct and environment and other various sentencing conditions shown in the argument of the