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(영문) 수원지방법원 여주지원 2017.09.25 2017고정112
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

A person who intends to install disaster prevention facilities necessary to prevent or reduce disasters, such as prevention and extinguishment of forest fires, flood control, etc. shall file a report on the temporary use of a mountainous district with the competent authority.

Nevertheless, on December 14, 2016, the Defendant, without reporting the temporary use of a mountainous district to the competent authority, laid down an excellent pipe, which is a disaster prevention facility, in a mountainous district equivalent to a total of 233 square meters, such as 120 square meters of forest land and 113 square meters of forest land in Gyeonggi-gun C, and 113 square meters of forest land in D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, H, and I;

1. Land use planning confirmation personnel;

1. Illegal survey maps and electric field photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 55 subparagraph 2 of the relevant Act and the former part of Article 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

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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