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(영문) 대전지방법원 홍성지원 2015.09.23 2015고정179
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

1. The Defendant, without obtaining permission for conversion of a mountainous district, built a building on the ground of 90 square meters of B forest land B 29,058 square meters in Bocheon-si, Sincheon-si, B around the 2013th day and converted the use of a mountainous district.

2. The Defendant, without obtaining permission for conversion of a mountainous district, installed a fence on the ground of 111 square meters on the 29,058 square meters of forest land listed in paragraph (1) on the 29,058 square meters of forest land on the spring day and diverted livestock breeding farms to convert the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Location map and forestry map;

1. Flight navigator;

1. The results map of the GPS (the investigative records, No. 65 pages);

1. Application of Acts and subordinate statutes to a statement of calculation of expenses for recovery of a mountainous district (investigative records, page 66);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Selection of Fine) concerning criminal facts and the selection of punishment;

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

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

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

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