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(영문) 대구지방법원 안동지원 2017.06.23 2017고단57
산지관리법위반
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purposes of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest paths, and other similar mountain paths in a mountainous district shall report thereon to the competent authority, such as the head of a Si/Gun/Gu.

Nevertheless, the Defendant did not report to the competent authorities, from April 2016 to May 201 of the same year, and created access roads through a stop work using heavy equipment such as digging machines from the permanent residence B, C, and D from April 2016 to temporarily use mountainous districts of approximately 3,215 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. Details of the location map of damaged areas, forestry map of damaged areas, observation map of damaged areas, photographs of damaged areas, and calculation of expenses for restoration of mountainous areas;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense and Article 15-2 (2) 7 of the Management of the Mountainous Districts of which punishment is selected (Selection of penalty);

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the background, method, result, the defendant’s attitude (a confession and reflectivity), the criminal records (no such criminal records), and the circumstances revealed in the arguments and records of the instant case, shall be determined as ordered by considering the following circumstances.

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