logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2020.05.08 2019고단3282
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

Any 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 mountainous district types, areas, etc. prescribed by Presidential Decree.

On May 2013, the Defendant had been punished as a violation of the Mountainous Districts Management Act by illegally performing a mountainous district conversion in forest land within Asan-si B, Asan-si and had been restored to the original state due to planting night trees.

On January 2015, the Defendant created the Defendant’s grandparents’ cemetery in the forest above spring without obtaining permission from the competent authorities to convert the forest into a way leading to the cemetery, etc., and used part of the forest by converting the same into farmland. On February 2016, the Defendant buried the above cemetery into farmland and developed the 1,843 square meters as farmland by using the sckes, thereby allowing KRW 11,136,000 to recover the mountainous district.

Accordingly, the defendant committed an act of converting a mountainous district without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as aerial photographys, forestry cadastral registers, and investigation reports (Calculation of forest damaged areas);

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

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

1. In full view of the size and circumstances leading up to the illegal damage of the mountainous district of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the restoration of the damaged mountainous district has been completed, and the records of the same criminal records and various conditions of sentencing as shown in the pleadings of the instant case, the punishment shall be determined as ordered.

arrow