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(영문) 창원지방법원 2015.05.15 2014고정1522
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to temporarily use a mountainous district for the purpose of cultivating wild vegetables, medicinal herbs, medicinal herbs, etc. shall file a report with the head of a Si/Gun/Gu on mountainous districts in

Nevertheless, from March 2012 to September 2014, the Defendant: (a) removed large trees using a saw to raise crops in mountainous districts B located in Changwon-si, Changwon-si; and (b) excavated a small tree removal and mountainous district using a sawr, thereby creating two sites of farmland of 1,960 square meters; and (c) applied a mountainous district of 1,960 square meters publicly notified by the Korea Forest Service (hereinafter referred to as the “Korea Forest Service”); (d) applied the gradient of 10 to 20 degrees, and the gradient of 26,563,00 won and below 20 to 30 degrees, thereby violating the Mountainous Districts Management Act by causing forest damage to KRW 26,563,00.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of a land ledger);

1. Relevant Article of the Act on the Punishment of Criminal Crimes and Article 53 subparagraph 1 of the Act on the Selection of New Punishment and the main sentence of Article 14 (1) of the same Act;

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

3. Article 334 (1) of the Criminal Procedure Act.

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