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(영문) 대구지방법원 의성지원 2016.04.21 2016고정17
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose.

Nevertheless, on September 21, 2015, the Defendant diverted the area of 3,101 square meters located in the Cheongju-gun B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, into mountainous districts by using pokes equipment for cutting and embanking trees, etc. with the aim of planting cream trees, etc. without permission for diversion of mountainous districts, and organizing the ground in a flat manner, thereby changing the form and quality of the forest damage by stairs-type farmland, etc., thereby causing damage equivalent to KRW 38,947,00 in the cost of restoring forest damage.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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