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(영문) 대전지방법원 논산지원 2013.07.09 2013고정86

산지관리법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

Any person 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

Nevertheless, on September 2012, the Defendant, without permission from the Minister of the Korea Forest Service, maintained 405 square meters of the state forest located in Chungcheongnam-gun, Chungcheongnam-gun, as access roads, and buried the mountainous district without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to descriptions of a de facto survey report (including attached documents), an investigation report (Attachment of air carriers) or video records;

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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant committed the instant crime even though he received a summary order twice by diverting the mountainous district without permission in the neighboring area of the state forest as indicated in the judgment, it is not good that the instant crime has been committed.

However, in light of the overall circumstances revealed in pleadings, such as the fact that there are some extenuating circumstances for the defendant to have caused the crime of this case, the fact that the defendant reflects the crime and restored the mountainous district to a certain extent, etc., the punishment shall be determined as per the order.