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(영문) 대구지방법원 2021.03.23 2020고정1866

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 divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, on May 2020, the Defendant, without obtaining permission from the competent administrative authority, installed a mark with approximately 144 square meters of forest land B in Daegu Northern-gu, Seoul, and performed an act of converting the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements on an excursion ship);

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

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. Since there is no change in circumstances to be considered in sentencing after notifying the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the penalty amount stipulated in the summary order shall be maintained as it is, given that there is no change in circumstances to be considered in sentencing.