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(영문) 대전지방법원 공주지원 2016.07.15 2015고단529
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store goods in a zone subject to development restriction, and any person who intends to divert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, and any person who intends to temporarily use a mountainous district, such as creating forest roads, shall report such use to the competent authority.

Nevertheless, the Defendants conspired to use a forest road of about 180 meters in length, 4-5 meters in width, and cut about 25-30 m of bamboo and trees, and diverted mountainous districts by reclaiming a mountainous district of about 2,800 square meters in size, while the development restriction zone was conducted without obtaining permission from the competent authority and reporting thereon from April 16, 2015 to April 16, 2015.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement of the police statement related to G;

1. The written accusation and H statement;

1. Current status of offenses, reports on results of on-site verification, notification of the disposition of permission for activities within the development-restricted zone (dispermission) and all documents related to the review of permission for activities within the development-restricted zone and each investigation report;

1. On-site video (the Defendant was aware that he was the horse of F and lawful, and ordered work to arrange and guide the cream according to the direction, so there was no intention to damage the mountainous district; and

However, in full view of the following circumstances acknowledged by the above evidence, there was an intentional damage to the mountainous district by the Defendant, which is not true or bad.

It is reasonable to view it.

(1) The defendant was well aware of the fact that he is required to obtain permission from a management agency when he fells down trees or opens forest roads for the same kind of crime.

Nevertheless, there is no fact that the defendant has confirmed in any way whether the Administration has reported the permission of the Administration.

② Although the instant land is owned by F, it may be owned by F.

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