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(영문) 광주지방법원 순천지원 2017.02.06 2016고정507
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall specify its use and obtain permission for the establishment of the Korea Forest Service, etc.

Nevertheless, the Defendant, without obtaining permission to convert mountainous districts, mobilized a excavating machine for the purpose of opening a place for work around March, 2016, and diverted mountainous districts into mountainous districts by damaging 1,005 square meters of forests outside C and two lots outside of 1,005 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site investigation, - The application of the location map of sites prior to illegal mountainous districts and field photograph statutes;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act (the amount of fine shall be reduced, in consideration of the fact that an accuser has agreed to pay an amount of fine in five million won agreed upon, and has agreed to pay to, the complainants for the relevant crime);

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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