(영문) 대전지방법원 천안지원 2019.05.31 2019고단372

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(영문) 대전지방법원 천안지원 2019.05.31 2019고단372

산지관리법위반

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, from April 2016 to May 5, 2016, the Defendant organized the land using sckeras, etc. without obtaining permission of the Asan City for the purpose of using the parking lot and the waste storage place in the Asan City B (A), C (A), D, and B-Preservation Mountainous District, and damaged the above forest land to cover approximately KRW 11,651,000 for the total amount of the site of 2,228 square meters by spreading the sckeras, etc.

As a result, the Defendant converted a mountainous district without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative inquiries into the land ledger, land use plan confirmation certificate, forestry map, and mountainous district information;

1. The GPS survey drawings, the actual condition survey reports, and the aerial photography by history (from 2013 to 2017);

1. Application of Acts and subordinate statutes to calculate expenses for restoring mountainous districts in cases;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant case for the instant sentencing of Article 334(1) of the Provisional Payment Order is that the instant case is not less complicated in light of the size of the damaged site and recovery expenses, etc. of the land, and on the other hand, considering the overall circumstances revealed in the records and arguments of the instant case, such as the confession and reflection of the instant crime by the Defendant, the removal of stone and ice container packaging, etc. for restitution, the removal of pine trees after planting them, the Defendant has no criminal record, and there

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