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(영문) 제주지방법원 2016.01.13 2015고정977

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent Mayor for the diversion of a mountainous district of less than 500,000 square meters in a mountainous district prescribed by Presidential Decree, specifying the purpose thereof.

Nevertheless, the Defendant, from around 10:00 on July 28, 2015 to 12:00 on the same day, destroyed forests by reclaiming land by means of cutting away miscellaneous trees, etc. from the aggregate of 15,755 square meters of 37,877 square meters and 4,836 square meters of 15,75 square meters of forest land in Seopopo-si, Seopo-si, Seopo-si, Seopo-si, from around 10:00 to around 12:00 on the same day.

Accordingly, the defendant used mountainous districts to divert mountainous districts without permission of the return market.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of forest damage scenes, and field photographs;

1. Investigation report (Examination of aviation drawings, photographs and shapes);

1. A land register, confirmation certificate of land use plan, and a certified copy of cadastral map;

1. Application of Acts and subordinate statutes of a criminal investigation report (survey of damaged area), E-written statement, and survey drawings and specifications;

1. Relevant legal provisions and the choice of punishment concerning criminal facts: Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;