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(영문) 대전지방법원 2014.11.20 2014고정1731
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree for the purpose thereof.

Despite the fact that the forest land for which permission for mountainous district conversion was obtained from the Geumsan-gun and C, the Defendant converted the use of mountainous district by means of changing the form and quality of mountainous district, such as cutting standing trees in the place thereof and making water paths, etc., without obtaining permission for mountainous district conversion, on May 2014, from 182 square meters of forest land located within 182 square meters and E located within 363 square meters of forest land adjacent to the land for which permission for mountainous district conversion was obtained.

Accordingly, the defendant conducted a conversion of a mountainous district without obtaining permission.

Summary of Evidence

1. Defendant's legal statement;

1. The current status of illegal conversion, and the application of statutes on illegal damaged land photographs;

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 and 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, the efforts have been made for the restoration of the original state.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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