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(영문) 창원지방법원 거창지원 2017.07.07 2017고정51
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose.

Nevertheless, on February 27, 2017, the Defendant: (a) mobilized sckes to set up a work for the management of sckes without obtaining permission for the diversion of mountainous districts in the forest located in the Gyeong-gun, Chungcheongnam-gun; and (b) destroyed forest land by damaging 1,632 square meters by using sckes to set up a work for the management of sckes.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of a survey report on the actual condition and the gradient of destruction and loss;

1. Land register;

1. Location map and district map of illegal damaged area, and location map and district map of forest damaged area;

1. Application of field photographs, on-site photographs, and air carriers' Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment shall be determined as ordered in light of the following: (a) the restoration of the mountainous district which has been diverted by the defendant with considerable expenses in the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) the defendant has no specific criminal history for the last twenty years;

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