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(영문) 광주지방법원 순천지원 2015.11.27 2015고정662

산지관리법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district under defendant A shall obtain permission from a competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree for a specified purpose;

Nevertheless, around October 15, 2014, the Defendant established a work route using a c, D, E, F, G, H, and I, without obtaining permission from the Administrator of the Korea Forest Service, and converted a mountainous district of approximately KRW 3,961 square meters into a waste asphalt.

2. Defendant B, a de facto representative of the Defendant, was converted to mountainous district without obtaining permission at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the actual survey report;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act for criminal facts, and Articles 14 (1) and 56 of the same Act;

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