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(영문) 청주지방법원 2018.12.20 2018고단1471
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

The following shall be corrected to the extent that the court considers that some of the entries in the written application for permission to amend the Bill of Indictment on November 12, 2018 by the prosecutor permitted on November 27, 2018 does not hinder the defendant's exercise of his/her right to defense:

The defendant under the name of the defendant is the representative of D who has obtained authorization for a plan for the temporary use of a mountainous district in the same parcel after obtaining authorization for a plan for the temporary use of a mountainous district from the military and seven parcels outside C, and E is the former duties of the above D.

A person who intends to temporarily use a mountainous district for the purpose of mining, etc. of minerals under the Mining Industry Act shall obtain permission from the Administrator of the National Forest Service, etc. according to the classification of types, areas,

From early July 2017 to early August 2017, the Defendant, without obtaining permission to temporarily use a mountainous district from the competent authority, and without obtaining permission to use the mountainous district. The Defendant, a preserved mountainous district, “F forest in the Do, 1,022 square meters, G forest, 1,466 square meters, 53 square meters in the Gun, C forest, 4,473 square meters in the aggregate, 7,014 square meters in the C forest, and 75 square meters in the mountainous district subject to quasi-conservation, “Yongbuk river, 269 square meters in the Gun, J forest, 66 square meters in the J forest, 13 square meters in the K forest, and 423 square meters in the aggregate of L forest,” and the Defendant, an employee of the Defendant, carried out the temporary use of a mountainous district by using the equipment, such as a dumb

Summary of Evidence

1. Statement by the defendant in court;

1. A written examination of suspects of E or M by each prosecutor's office;

1. A protocol concerning the examination of suspect of M;

1. Each investigation report (No. 6 and 7 No. 1 of the evidence list);

1. Application of Acts and subordinate statutes to print e-mail, list of damaged areas, and classification of mountainous districts;

1. Articles 56, 53 subparag. 2, and the main sentence of Article 15-2 (1) of the Management of the relevant Mountainous Districts Act and selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The favorable circumstances and damaged mountainous district area was considerably wide, and the damaged mountainous district was not restored to its original state, as well as the circumstances in which the Defendant made efforts to restore to its original state, such as recognizing the crime of sentencing under Article 334(1) of the Criminal Procedure Act as well as the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act was wrong.

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