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(영문) 대구지방법원 2019.07.16 2019고단1943

산지관리법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails or forest trails, or other similar mountain paths, shall report thereon to the competent authority.

Nevertheless, from around November 2018 to December 201, 2018, the Defendant created a mountain path of approximately 4,108 square meters and temporarily used the same without reporting it to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs;

1. Application of statutes governing each forestry register and each land use plan certificate;

1. Article 55 of the Act on the Punishment of Mountainous Districts and Articles 55 and 15-2 (2) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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