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(영문) 의정부지방법원 2018.09.20 2018고정726

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 to divert the mountainous district.

Nevertheless, on July 22, 2017, the Defendant, without obtaining permission from the competent administrative authority to convert mountainous districts, cut and filled up a mountainous district of 821 square meters in total, by using scrails in order to create graveyards in the Si of Seo-Eup, the mountainous district owned by the Defendant, a mountainous district owned by the Defendant, and diverted the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, statement protocol, on-site investigation report, a location map, on-site investigation report, photo-report, and a report for calculating expenses for restoring mountainous districts;

1. Application of Acts and subordinate statutes to inquiries by residents and inquiries about criminal history data;

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, and the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the defendant seems to be relatively less healthy, and the fact that it seems that the defendant did not comply with the judicial branch for the following reasons, even in economic circumstances, can be seen as not complying with the judicial branch for the following reasons, are recognized as normal in favor of the defendant.

However, the crime of this case, such as cutting and banking of mountainous districts without permission for the creation of a grave, is not less than the nature of the crime in light of the contents and methods of the crime, and it seems that the complete restoration measures have not been taken up up to the present; the crime of this case has the history of having been punished several times due to the crime of this kind; the general amount of punishment in the same and similar cases is balanced; the defendant's age, sex behavior, intelligence and environment; the motive, background, means and consequence of the crime of this case; circumstances after the crime of this case; criminal records; family relations; and other various circumstances which are conditions for the sentencing of this case, including the following circumstances.