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(영문) 대전지방법원 천안지원 2013.12.13 2013고정1061
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as a person who is engaged in agriculture in Asan-si B, Asan-si, a residential area, established a company that is called Asan-si, and obtained approval for the establishment of a factory from Asan-si, Asan-si, an Asan-si, on October 13, 201, and conducted civil engineering works (factory site creation) from March 15, 201, which is routing from the Asan-si, Asan-si, an Asan-si, an Asan-si, after obtaining approval for the establishment of a factory from the Asan-si.

However, the Defendant cut off approximately 3,273 square meters in neighboring lots without permission due to a arbitrary judgment that the business failure is likely to occur and that the slope is likely to be completed if the construction work is completed, the Defendant cut off approximately 1,829 square meters in neighboring lots without permission due to an emergency recovery order of the area where the landslide is likely to occur in the course of the civil construction work.

In addition, illegal conversion of approximately KRW 8,193 square meters in total, such as cutting and embankinging, etc., of approximately KRW 2,798 square meters in F 2, H 53 square meters, approximately KRW 203 square meters in E, and approximately KRW 37 square meters in I, which are regions other than permission, caused damage to forests equivalent to approximately KRW 92,061,460 in the cost of recovery of a large amount of land.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The actual survey map of the case area, the damage prevention plan map, the actual survey report, the calculation of expenses for restoring the mountainous district, on-site photographs, and aerial photography;

1. Application of the register of land (forest), written confirmation of land use plan, and cadastral map-related Acts and subordinate statutes;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order has no criminal record other than a fine once for the defendant, and there is no criminal record other than a fine for the same kind of crime, the circumstances of the crime

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