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(영문) 대구지방법원 2020.01.22 2019고정1266

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A 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, on January 2016, the Defendant created a place of origin without obtaining permission from Gyeong-si B, which is a quasi-permanent conservation mountainous district around the end of the year, and stored a stone shed (three meters high, length, and 30 meters) around July 2019, and diverted a mountainous district of approximately KRW 1,100 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report, a location map, and on-site inspection map;

1. A copy of a public document notified of approval of the restoration plan;

1. Application of on-site photographs and the Acts and subordinate statutes governing aerial photographys;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, 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;