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(영문) 수원지방법원 2020.10.14 2020고정1101

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall determine its use and obtain prior permission from the Minister of the Korea Forest Service, the head of a local government, etc., and a person who intends to temporarily use a mountainous district, such as the payment of mountain paths, shall complete a report to the Minister of the Korea Forest Service, the head of a

Nevertheless, on February 26, 2020, the Defendant used a mountainous district of approximately 320 square meters in size by creating a grave with a size of about 20 square meters in size on the land B, the quasi-preserved mountainous district, and entering a mountainous district to build the above cemetery, without completing the report on temporary use of a mountainous district in the field of approximately 160 meters of the above forest land, without completing the report on temporary use of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes as a result of fact-finding survey, investigation report, and investigation report on mountainous district information;

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the occupation of a mountainous district without permission for a quasi-Preservation of Mountainous Districts), Article 55 subparagraph 2, Article 15-2 (2) (the occupation of a mountainous district not reported as a quasi-Preservation of Mountainous Districts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;