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(영문) 춘천지방법원 2015.04.16 2015고정114
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

From June 7, 2014 to August 8, 2014, the Defendant: (a) deemed that there is a risk of flood damage to the forest owned by the Defendant if construction in the future is carried out on the forest and fields owned by the Defendant on the grounds of timbering residues scattered in the forest and fields outside 5 lots of land, and (b) deemed that there is a possibility of flood damage if construction is carried out in the future on the forest and fields owned by the Defendant; (c) performed an adjustment work of the land within the forest without permission using equipment, such as poras, etc., on the grounds that the felling remains are removed; (d) KRW 350 square meters of the forest and fields owned by the Defendant; (e) KRW 140 square meters of the C forest and fields owned by the Defendant; (e) KRW 10-51,700 square meters of the Nam-si, Namyang-si; (e) KRW 1050 square meters of the forest and fields owned by the Defendant; and (e) KRW 1050-150 square meters of the forest and fields-150.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to order the restoration of an illegal forest damaged area, such as a report on criminal land, a survey report on actual status;

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 and selection of fines for criminal facts;

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

1. Although there are extenuating circumstances such as the expansion of the area of the forest damaged by the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and the damage of the forest by using heavy equipment, the Defendant has committed the instant crime, and the Defendant has no record of having been punished for the same kind of crime, and the Defendant has completed restoration of the forest at present, and there are other circumstances that may some be taken into account in the motive and circumstance of the instant crime, including the Defendant’s age, character and behavior, environment, background, means and consequence of the instant crime, circumstances after the crime, and attitude in this court, etc.

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