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(영문) 제주지방법원 2015.04.09 2015고정235
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the types, size, etc. of mountainous districts prescribed by Presidential Decree for a specified purpose.

Nevertheless, the Defendant, without obtaining permission from the competent authority from 08:00 on January 16, 2015 to 11:00 on the same day, converted mountainous districts into mountainous districts without permission, by using one part and one part for the c,179m square meters (amount of damage KRW 9,023,00), for the purpose of creating grassland for raising about 3,610 square meters of the forest area D in Jeju, which is the Defendant’s shape C, and by using one part and one part for the c,179m square (amount of damage).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (on-site verification), cadastral editing maps, aerial photographys, and field photographs;

1. A certified copy of land cadastre or cadastral map;

1. The application of statutes to actual survey reports, on-site maps, field photographs, detailed statement of the amount of damage, and forest damage area also;

1. Article 53 of the Management of Mountainous Districts Act and the selection of punishment for criminal facts: Article 53 of the same Act and the main sentence of Article 14 (1) of the same Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

Restoration and completion of the reason for sentencing ( February 9, 2015)

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