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(영문) 대전지방법원 논산지원 2015.01.30 2015고정4

산지관리법위반

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, on July 26, 2014, the Defendant, without permission from the Minister of the Korea Forest Service, cut and filled up approximately KRW 230 square meters of the above forest land, using sckes, for the purpose of creating drainage channels from B in Seosan-si, Seosan-si, and diverted the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual condition survey report, the current status of illegally damaged land, the annual aerial photography, on-site photographs, and each entry in a certified copy of the real estate register or visual statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

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

1. The punishment as set forth in the Disposition shall be determined by comprehensively taking into account the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the accused is the primary offender and reflects the crime; and (b) the area of the converted mountainous