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(영문) 전주지방법원 정읍지원 2014.10.16 2014고정203
산지관리법위반
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

A person living in a residential area who intends to gather earth and sand or convert a mountainous district within a forest shall obtain permission from the competent administrative agency, but the defendant shall obtain permission from the Si of Jung-Eup on June 26, 2013 for gathering earth and sand on January 10, 2014 after undergoing inspection on completion of construction on March 2, 2014.

3.4. The use of heavy equipment to embling the floor space of a gathering place of earth and sand and planting trees to the surrounding forests and fields without obtaining permission from the competent authority for gathering earth and sand and permission for diverting the forest land of 1,741 square meters owned by A located in Si/Y-Eup/Y-si without obtaining permission from the competent authority and permission for diverting the forest land, thereby causing damage to forests equivalent to 32,661,000 won at the market price in mountain source.

1. In order to fill the earth and sand collection place, he/she collected approximately 4,00 square meters of earth and sand in forest land of 929 square meters, and sold remaining earth and sand to fill the ground for 689 square meters of the remaining soil and sand to the floor of the earth and sand collection place, the completion of construction of which is completed;

2. In a forest of 812 square meters in a place where earth and sand collection stations were collected, the form and quality of pine trees were extracted from a forest of 812 square meters, and the mountainous layer was changed by using heavy equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A survey report on the actual conditions of the site;

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

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1), subparagraph 3 of Article 53 and Article 25 (1) of the same Act concerning facts constituting a crime, and selection of each fine;

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

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

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

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