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(영문) 춘천지방법원 원주지원 2015.12.01 2015고정465
산지관리법위반
Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on June 3, 2015, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, opened an access road to farmland and diverted it without permission by cutting and flating it from a forest with a size of 345 square meters in a size of 345 square meters, among forest land owned by B Co., Ltd., which is located in B Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Order to recover illegal mountainous district converted;

1. Application of land cadastre statutes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the defendant's wrongness and efforts to restore damaged mountainous districts, and the defendant's age, occupation, character and conduct, the circumstances after committing the crime, etc. shall be determined as stated in the order.

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