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(영문) 전주지방법원 남원지원 2012.09.18 2012고정61

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who holds office as a person authorized to liquidate CMedical Foundation.

Any person who intends to divert a mountainous district shall obtain permission from the competent authorities.

While the Defendant had established the CMedical Foundation Hospital in relation to the land outside Jeon Chang-gun, Jeonbuk-gun and one other, the Defendant diverted the total area of 1,410 square meters and the total area of 3,081 square meters among the E forest land and the area of 4,491 square meters among the 1,410 square meters and 3,081 square meters among the Do forest and the E forest in Jeonbuk-gun, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement concerning F, G, and H;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to an investigation report (aG statement and a photograph of illegally damaged scene);

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 (Selection of Fine) concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the fact that the defendant recognized the facts charged in the instant case and reflects it, and considering all the grounds for sentencing asserted by the defendant, such as the background leading to the instant crime, age, and economic situation, the punishment corresponding to the fact that the defendant damaged the mountainous district without permission for mountainous district conversion is inevitable and the area of the unlawfully diverted forest is not small.

shall not be deemed to be unfair or unjustifiable.