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(영문) 전주지방법원 2018.12.20 2018고단2064
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

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she

Nevertheless, during construction of a new road and construction of an access road in Jinan-gun, Gun, or C, which is a quasi-preserved mountainous district where a building report was filed after consultation on mountainous district conversion, the Defendant changed the form and quality of the road by cutting 151 square meters in size from March 2017 to April 1 of the same year by cutting away trees, such as trees at two risk and cutting and cutting off, etc. on the ground that slopes in E, F, G, H forests, etc. is serious, and changed the form and quality of the road by cutting and cutting off, etc. using a digging machine; and, in order to change the form and quality of the road through cutting and raising, etc., it was easy to change the form and quality of the road through cutting and raising the access road from the area other than C, H, I, K, J, M, or H forests permitted while opening the access road; and it was easy to change the form and quality of the land from the cutting and cutting of the ground by using the cutting machine, cutting and cutting of the ground.

Accordingly, the Defendant used approximately 2,916 square meters in total, including Jinan-gun D, etc. to divert quasi-preserved mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of R to the prosecution;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 6 of the Addenda to the Management of the Mountainous Districts (Act No. 14361, Dec. 2, 2016), Article 54 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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