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(영문) 의정부지방법원 고양지원 2018.09.13 2018고정705
산지관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

To the extent that it does not infringe a defense right, the correction shall be made.

The defendant is the person in charge of restaurant construction in relation to B in Pakistan, and the person who intends to divert a mountainous district is subject to permission from the competent administrative agency to divert the mountainous district. However, on October 2017, the defendant used the mountainous district to divert the mountainous district without obtaining permission to divert the mountainous district by damaging the forest land of 172 square meters, such as installing two containers in Pakistan, which is located outside the permitted mountainous district, and cutting the site, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. A criminal investigation report;

1. Investigation report (Binding of materials submitted by suspects);

1. An investigation report (verification of the nature of a mountainous district) (the defendant only has a container in the land of the original damaged state and denies the crime.

However, in light of the fact that in the past, a container in photographs and photographs is placed in flat land and it seems that cutting, etc. is conducted, it can be recognized that the defendant has committed an act of damaging the ground, such as cutting the ground, and thus, the defendant's assertion is not acceptable.

Application of Statutes

1. Article 53 of the relevant Act on criminal facts and Article 53 of the Management of the Mountainous Districts of which punishment is selected: Provided, That Articles 1 and 14 (1) and the selection of fines shall be made;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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