beta
(영문) 창원지방법원 진주지원 2020.03.05 2019고단625

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

Punishment of the crime

Anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Nevertheless, in May 2013, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, converted the use of mountainous districts by changing the form and quality of land to build a landscape trees farm in the area of 30,955 square meters in Jinju-si, which is a preserved mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on practical condition survey report, location map, area of illegally damaged land, aerial photography, and on-site warning photographs;

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 and selection of fines for criminal facts;

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

1. In full view of the records, including the area and circumstances leading up to the illegal damage of the mountainous district of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the completion of restoration of the damaged mountainous district, and the fact that no special record of punishment exists, other than those subject to punishment once by a fine, the punishment shall be determined as ordered by taking into account the various conditions of sentencing as shown in the argument