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(영문) 대전지방법원 서산지원 2018.09.12 2018고정159

산지관리법위반

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

A person who has the authority to use and profit from soil or mountainous districts from a mountainous district in a forest, other than a state forest, or a person who intends to collect soil or sand from at least 30 cubic meters but not exceeding 1,000 cubic meters in order to use it for the purpose of self-consumption, shall file a report on collection of soil or sand with the head of a Si/Gun/Gu.

Nevertheless, on December 2016, the Defendant collected soil and sand on a scale of approximately 336 cubic meters from 280 square meters in Jin-si, the Defendant owned by the Defendant, at around 280 square meters in Jin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition (including the portion attached to an aerial photography, etc.), a ledger on quantity, a certified copy of a forestry map, and a certificate of land

1. Article 55 Subparag. 5 and Article 25 Subparag. 2 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of fines for criminal facts;

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

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