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(영문) 대구지방법원 김천지원 2016.08.09 2016고정268
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the head of the competent forest office, etc., by setting the purpose thereof. However, around September 2015, the Defendant converted the use of a mountainous district by installing access roads with a size of 104 square meters of the above forest land in Kimcheon-si D forest without permission to convert the mountainous district.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the head of the competent forest office, etc., setting the purpose thereof. However, around May 2014, the Defendant converted the use of a mountainous district to a mountainous district by performing construction works on the site of approximately 123 square meters of the forest land located within Kimcheon-si, Kimcheon-si, without permission

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the relevant Acts and subordinate statutes to a survey report on actual state (the details of the degree of damaged area, photograph of damaged area, owner of damaged area, and cost calculation of damaged area);

1. Defendants: Article 53 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act and the selection of fines for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendants both recognize and reflect their mistakes; (b) the Defendants committed the instant crime in the course of managing the mountainous district owned by Defendant A; (c) Defendant B committed the instant crime in the course of creating a site for installing containers registered as a building; (d) the restoration of mountainous district appears to have been completed; (c) Defendant A appears to have first committed the instant crime; and (d) Defendant B had no record of being punished for the same kind of crime or of being punished for a fine exceeding the fine, taking into account the circumstances favorable to the Defendants; and (d) otherwise, the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime; and (e) the punishment is to be mitigated more than the summary order by comprehensively taking into account all the circumstances that form the conditions for sentencing, such as the following circumstances.

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