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(영문) 수원지방법원 여주지원 2016.06.24 2016고단90

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. for a specified purpose;

Nevertheless, on September 15, 2015, the Defendant damaged the area equivalent to 494 square meters by having a softer technician who is not well aware of the boundary while carrying out construction works for new housing in Echeon-si B using a soft machine to Echeon-si, Echeon-si, a non-permission area.

2. The Defendant damaged the amount equivalent to 457 square meters by performing the expansion and mination of D forest roads using a sculner in Echeon-si to enter the construction site of the construction site of the said new house without obtaining permission for diversion of mountainous district on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Results of each current status survey;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts Act and the selection of fines concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act provides that the defendant is attempting to commit a crime and is against his/her will; the restoration work is completed according to the plan to restore the site prior to an illegal mountainous district approved after prosecution; the defendant has no other penal power except for a crime of violating the Road Traffic Act in January 2000, by taking into account the defendant’s age, family environment, motive for committing a crime, circumstances after committing a crime, etc.; and the defendant is determined as above in light of the favorable circumstances, such as the defendant’s age, family environment, motive for committing a crime, and circumstances after committing a crime.