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(영문) 대구지방법원 2018.11.30 2018고정982
산지관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district by determining the purpose thereof.

Nevertheless, on December 2016, the Defendant diverted 1,50 square meters of B forest land in Busan Special Metropolitan City, and converted the use of mountainous districts into farmland by arbitrarily cutting down miscellaneous trees, etc. without obtaining permission from the competent authority, and by planting and raising them as farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report, location map, on-site inspection map, on-site photographs, and aerial photography comparison;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) on criminal facts

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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