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(영문) 광주지방법원 순천지원 2016.09.22 2016고단1092

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

The defendant is the spouse of the owner of the forest land B in the Southern-gun, who actually manages the forest land.

1. A person who intends to divert a mountainous district in violation of the management of the mountainous district by diverting a mountainous district without permission shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc.

From March 2013 to April 2015, the Defendant developed 3,69 square meters of the above forest as farmland without obtaining permission for mountainous district conversion from the number of Bosung-gun.

2. A person who intends to temporarily use a mountainous district in violation of management of a mountainous district due to the temporary use of a mountainous district reported without a mountainous district shall report such fact to the head of the relevant forest for the mountainous district in question, and to the head of the relevant Si/Gun/Gu for a

The Defendant damaged the mountainous district by creating a farming shed and a work road on the 1,226 square meters of the above forest land without filing a report on temporary use of the mountainous district with the head of Si/Gun in the city of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A investigation report, a location map, and on-site photographs;

1. Nine copies of a photograph; and

1. Application of annual Acts and subordinate statutes to airlines;

1. Relevant Article 53 subparag. 1 and Article 14 subparag. 1 of the Management of the Mountainous Districts which are subject to the option of criminal facts, Articles 55 subparag. 2 and 15-2 subparag. 2 of the Mountainous Districts Management Act, and selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;