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(영문) 대전지방법원천안지원 2020.08.12 2020고단1602

산지관리법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall change the form or quality of land which may affect preservation of State-designated cultural heritage without obtaining permission from the Administrator of the Cultural Heritage Administration, or change the form or quality of a mountainous district without obtaining permission from the Minister of the Korea Forest Service

On November 27, 2019, the Defendant had obtained permission to cut standing trees from the Administrator of the Cultural Heritage Administration to Dong-gu, Chungcheongnam-gu, and had changed the form and quality of land to a size of 6,887 square meters with a size of 122,367,00 square meters in size to cover recovery expenses equivalent to KRW 6,887 square meters by using a digging machine outside the permitted scope in the above B, C, D, and E, the State-designated cultural heritage from January 16, 202 to January 26, 2020.

As a result, the Defendant changed the form and quality of land that may affect the preservation of State-designated cultural heritage without obtaining permission from the Administrator of the Cultural Heritage Administration and simultaneously changed the form and quality of mountainous district without obtaining permission from the

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A practical survey report, a location map, a field photograph, an illegal conversion status map, and an airline dust;

1. Photographs, site, business plan, site photographs, current status of forest damage, illegal photographs, and photographs of the completion of restoration works;

1. Statement on the computation of damages;

1. Application of Acts and subordinate statutes concerning a charge of violation of cultural heritage protection;

1. Relevant legal provisions concerning criminal facts: Article 99 (1) 1 and Article 35 (1) 2 of the former Cultural Heritage Protection Act (Amended by Act No. 16596, Nov. 26, 2019); Article 21-2 (2) 1 (e) of the Enforcement Decree of the Cultural Heritage Protection Act (the point of changing the form and quality of land that is likely to affect the preservation of State-designated cultural heritage); Article 53 subparagraph 1 of the Mountainous Districts Management Act; the main sentence of Article 14 (1) of the Mountainous Districts Management Act (the point of changing the form

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Detention at a workhouse;