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(영문) 전주지방법원 남원지원 2018.08.14 2018고단119
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

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On April 2018, the Defendant converted the use of mountainous districts to mountainous districts without obtaining permission to convert mountainous districts from the South-gu Seoul Special Metropolitan City Mayor, the competent authority, on a total of 5,210 square meters of forest land B, Nam-si, which is a quasi-permanent preservation mountainous district, without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of victims of forests;

1. Application of statutes reporting the results of local business trips for the area subject to consultation on diversion of mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is a broad area that amounts to 5,210 square meters of a mountainous district unlawfully used by the defendant is unfavorable to the defendant.

However, the fact that the defendant reflects the defendant, the defendant did not have any previous conviction except for the previous convictions which are minor two times of fines, and there are no records of the same crime, the fact that the defendant has completed restoration measures for the damaged mountainous district, shall be considered as favorable to the defendant, and the punishment shall be determined like the order, taking into account all the other factors of sentencing specified in the argument

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