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(영문) 대구지방법원 2014.07.11 2014고단2032

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On October 2013, the Defendant opened a work with a width of 6 meters, length of 1,418 meters using equipment, such as digging machines, without obtaining permission from the competent authorities, and extended 2 meters, length and 110 meters in length to the existing paths, in forest land outside C and 8 lots of land in Gyeongsan-si, Busan-si.

As a result, the Defendant diverted a total of 8,728 square meters of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on the forwarding of data on actual investigation into unlawfully converted mountainous districts;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include a wide area in which the defendant committed an illegal act and has not been restored to its original state, a mistake is reflected and divided, an old age is determined by taking into account all the circumstances such as the character, conduct, environment, motive or circumstance of the crime, means and consequence of the crime, and the circumstances following the crime.