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(영문) 대구지방법원 김천지원 2017.12.21 2017고정465

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to collect earth or stone in mountainous districts in a forest which is not a state forest shall obtain permission from the competent authority to collect earth or stone, as prescribed by the President.

Nevertheless, the Defendant, without obtaining permission from the competent authorities, collected soil and stones from around April 2014, in the area where Kimcheon-si B, which was permitted to collect soil and stones, and from the area of a 1,746 square meter located adjacent to the area where the collection of soil and stones was permitted, the Defendant collected soil and stones equivalent to 1,797 cubic meters from pora.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of satellite photographs of damaged land), investigation report (Attachment of site photographs of damaged land);

1. Article 53 Subparag. 3 and the main sentence of Article 25(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of fines and fines concerning criminal facts

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

1. The punishment as ordered shall be determined by taking into consideration all the relevant factors such as the area of collecting earth and stones on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the area of collecting earth and stones on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that a fine was imposed by engaging in development activities without permission from a competent administrative agency, the fact that mountainous district recovery has been completed