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(영문) 전주지방법원 남원지원 2018.02.20 2017고단294
산지관리법위반
Text

The sentence against the accused shall be set forth as a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to collect earth or stone in mountainous districts of a forest, other than a state forest, shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, and the same shall also apply where he/she intends

Nevertheless, the Defendant obtained permission to collect earth and rocks from the South Won-si and 6 mountainous districts in the Namwon-si around December 2016, and obtained permission to collect earth and rocks from the South Won-si and the North Korea-si, and conducted such permission, without obtaining permission to change from the South Won-si market on the ground that the area is urgent and narrow so that it is difficult to pass 25 tons of dump trucks, and it is clear that the Defendant is a clerical error that the Defendant is a clerical error in the relation with the total area below 747m2 in the Namwon-si, the area adjoining the area permitted as an access road

Among B of the same Si, 671 square meters in size, 75 square meters in D, 125 square meters in E, and 1 of the bill of indictment in F is a clerical error.

Among 763 square meters, 781 square meters in G, and 1,022 square meters in mountainous districts of which 4,184 square meters are 4,184 square meters or more, an access road was installed to collect earth and rocks and collected earth and rocks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions and documents attached thereto, permission for gathering earth and stones and documents attached thereto;

1. Article 6 of the Addenda to the Management of the Mountainous Districts (No. 14361, December 2, 2016), Article 54 subparagraph 4 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) and the main sentence of Article 25 (1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts;

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

Unfavorable circumstances - The Defendant intentionally committed the instant crime for his own interest, and the area of the unlawfully used mountainous district is also broad.

It is not good that a crime is committed.

- The defendant shall restore to its original state until now.

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