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(영문) 제주지방법원 2018.08.29 2018고단834
산지관리법위반
Text

1. Defendant A shall be punished by imprisonment for a period of eight months and by a fine of five thousand won.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a managing director who exercises overall control over the factory affairs of Defendant B Co., Ltd. in Jeju.

1. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, from early April 2017 to May 2017, the Defendant opened the entrance roads and entrance roads of the construction vehicle in Jeju-si F, a quasi-preserveded mountainous district, without obtaining permission from the Administrator of the National Forest Service, etc., on the site of the above corporation F, which is located in Jeju-si, a quasi-preserved mountainous district, and arranged the ground thereof by using spawns owned by the said corporation, and then dump truck 12 pump trucks installed an access road and installed a open site and a parking lot by laying down concrete of 15 concrete units.

As a result, the Defendant diverted 2,828 square meters of the above forest land (the amount of damage calculated in 13,878,000) to mountainous districts without obtaining permission to convert mountainous districts.

2. The above A, who is an employee of the Defendant B, committed an act of violation as described in paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G and H;

1. Land register, cadastral map, and land use planning confirmation personnel;

1. Forest damaged area map;

1. A detailed statement of calculating the amount of damage;

1. Application of illegal use and damaged field photographs, each on-site photographs, satellite photographs, and aerial photography statutes;

1. Article 53 Subparag. 1 of the Mountainous Districts Management Act and the main sentence of Article 14(1) of the same Act (excluding mountainous districts, other than preserved mountainous districts): Mountainous districts management was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017. Each of the instant offenses was committed by the former Act, or the statutory penalty of the new Act is more than the statutory penalty of the former Act, and thus, the new Act is applied and is punished by imprisonment with labor under Article 1(2) of the Criminal Act.

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