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(영문) 전주지방법원 정읍지원 2019.07.23 2019고정80

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. for conversion of a mountainous district according to classification of mountainous district specified by Presidential Decree, its use, size, etc., and shall not convert a mountainous district

On May 4, 2018, the Defendant, a quasi-preserved mountainous district, carried out new removal works using sckes, and damaged approximately 500 square meters in the same mountainous district without obtaining permission from the competent authority, and diverted the use of mountainous district to a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual situation survey report, land use plan confirmation certificate, forestry cadastral map, and forestry cadastral map;

1. Application of Acts and subordinate statutes of a stamp report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is to manage a clan cemetery.

It is necessary to consider the fact that the fact, area, grass, etc. causing the crime has been spread to the original state, and the restoration has been completed. It is so decided as per Disposition for more than one reason.