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(영문) 대전지방법원 공주지원 2017.05.12 2016고단325

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

"2016 Highest 325"

1. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, from March 2016 to May 10, 2016, the Defendant, without obtaining permission to convert mountainous districts, destroyed a forest of approximately KRW 37,243,817 square meters in its original state to use approximately 8,594 square meters in mountainous districts and converted the use of mountainous districts to use mountainous districts for approximately 37,243,817 square meters.

2. A person who intends to temporarily use a mountainous district shall report to the head of a forest in relation to a mountainous district of a national forest, and to the head of a Si/Gun/Gu in relation to a mountainous district, other than a national forest, in accordance with the classification, size, etc.

Nevertheless, the Defendant, without reporting the temporary use of a mountainous district between March 2016 and April 2016, opened a work route for Chungcheong-gun G and H, Chungcheongnam-gun G and for approximately KRW 17,97,856 of the cost of restoration in the original state, damaged a forest of approximately 4,153 square meters and temporarily used a mountainous district.

A person who intends to engage in development activities of "2016 Highest 380" shall obtain permission from the competent authority.

Nevertheless, on March 2015, the Defendant constructed a structure by piling up stone on the boundary part of the road and land over approximately 200 meters without permission of the number of Cheongyang-gun, the competent authority, in the land owned by the Defendant in Cheongyang-gun, Chungcheongnam-gun.

Summary of Evidence

1. The defendant's statement at court (2016 highest 325);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on results, a report on actual status survey, and a report on each investigation;

1. Each land register and each forest register;

1. A written waiver due to each GPS measurement drawing and a grassland management impossibility;

1. On-site photographs, Cheongyang-gun B, and five lots air carriers outside of Cheongyang-gun B, cutting-out landscaping for the purpose of opening it through work, and field photographs of the case “2016 studio 380;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement to J 1.