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(영문) 청주지방법원 2015.12.04 2015고단1603
산지관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to use a mountainous district for any other purpose shall obtain permission for conversion from the competent authority by determining the size and purpose of conversion.

On April 2013, the Defendant: (a) around Cheongju-si, Cheongju-si, without obtaining permission from 1,806 square meters of three lots; (b) he stockpiled a stone shed; and (c) converted the use of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Details of forest damage;

1. A certificate of land use plan (C), a certified copy of the cadastral map (C), a certificate of land use plan (D), a certified copy of the forestry map (B), a certificate of land use plan (B), a certified copy of the forestry map (B), a forestry cadastral book (B), a forestry cadastral book (D), and a forestry cadastral book (C),

1. Application of the location map, aerial photography, on-site photographing statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

1. Selection of an alternative fine for punishment;

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

1. The amount of punishment shall be determined after determining the amount after taking into account all the conditions of sentencing, such as the Defendant’s age, motive, means and consequence of the crime, etc., taking into account the following factors: (a) the damaged area of the reason for sentencing; (b) the Defendant did not have any criminal power against the Defendant; (c) the Defendant accumulated stone to prevent damage to surrounding land owners due to soil erosion, etc.; (d) the issuance of a certificate of permission for mountainous district conversion after the Defendant sold the land; and (e)

It is so decided as per Disposition for the above reasons.

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