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(영문) 대전지방법원 홍성지원 2013.06.19 2013고정188
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who works and lives in a place of residence and who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, setting the purpose of the mountainous district, as prescribed by Presidential Decree. However, a person who intends to convert a mountainous district shall not obtain permission from the Minister of the Korea Forest Service, but shall incur forest damage equivalent to KRW 19,493,00,00 by illegally diverting one graveyard and one half of a person who is mobilized a mountainous district into a mountainous district by illegally diverting one graveyard site and a site for an access road in order to create a new cemetery and a new grave that are scattered in two lots outside Ycheon-gun, Chungcheongnam-gun and two lots (the defendant and three other) located in the mountainous district for three days from April 8, 2013 to April 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on criminal branch;

1. Application of Acts and subordinate statutes to the actual survey report;

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 concerning criminal facts and the selection of punishment;

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

1. Although the sentencing grounds of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is not good enough in terms of the size of illegal mountainous district conversion and damage, the defendant has restored to its original state after completing a large amount of restoration for the unlawfully converted mountainous district, the defendant has no criminal record yet to have any criminal record, and the defendant appears to be against the defendant while making a confession of the crime in this case, considering the factors of sentencing favorable to the defendant as factors of sentencing. In addition, the defendant's age, circumstances leading to the crime, and circumstances after the crime, etc. shall be comprehensively considered in light of all the conditions of sentencing as shown in the records and arguments in this case.

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