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(영문) 광주지방법원 순천지원 2017.12.21 2017고단1733

산지관리법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose, and the same shall also apply where he/she intends to change permitted matters.

On December 2, 2014, the Defendant only obtained permission to divert a mountainous district with a forest of 650 square meters in order to build a new house in Goeung-gun, Chungcheongnam-gun, Seoul. However, the Defendant, who was in the vicinity of a house outside the scope of permission, was able to make the slope cut and complete the slope of the surrounding area of the house, to expand the place of the house and install a drainage channel.

Therefore, without obtaining permission from the competent authorities, the Defendant additionally cut off 200 square meters of forests and fields in the vicinity of the permitted forest.

Accordingly, the defendant was converted to a mountainous district without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on fact-finding;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have the same record as the defendant for the reason of sentencing of the provisional payment order, the size of the violation is not wide, the present restoration of the original state is completed without permission, and the punishment is determined as ordered in light of the circumstances surrounding the diversion of the mountainous district without permission.