beta
(영문) 대전지방법원 공주지원 2014.11.07 2014고정113

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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service.

Nevertheless, around February 2014, the Defendant, without permission, destroyed the area equivalent to 1,378 square meters of the above state-owned forests and converted the use of mountainous districts without permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts 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 under Article 334(1) of the Criminal Procedure Act, including the suspended sentence of imprisonment, has a record of criminal punishment of a fine through several times.

Nevertheless, the Defendant committed the instant crime against the State-owned land.

Therefore, even if the defendant asserted, the agreement was reached between the complainant in the neighboring area where the crime of this case occurred.

Even if a fine is imposed, the criminal punishment can not be avoided.

In light of the above circumstances and the fact that the Defendant appears to have led to confession and reflect on the instant crime, and that it appears to be scheduled to recover from the original state, and the circumstances leading to the instant crime, it is so decided as per Disposition.