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(영문) 대구지방법원 김천지원 2019.07.25 2019고단366
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, from September 2017 to April 2018, the Defendant, with a view to expanding the adjacent permitted area without obtaining permission to convert a mountainous district from around 2017 to April 2018, the Defendant: (a) removed trees using a scicker with the preserved mountainous district B, Kimcheon-si, the preserved mountainous district of 947 square meters and the semi-preserved mountainous district of 52 square meters; (b) cut land; (c) made slopes by cutting the land; and (d) damaged the forest recovery cost so that the amount of KRW 168,99,00,000 is to be increased and used.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to calculate expenses incurred in restoring damaged areas, such as a letter of business trip, name, photograph, site, criminal investigation report (on-site verification and calculation of expenses for restoring mountainous districts), victim's location map and area map, victim's on-site photograph and aerial photography, preservation/quasi-preserved mountainous district

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that a member of the organization to which the defendant belongs was subject to criminal punishment on or around 2017 due to the diversion of the mountainous district adjacent to the mountainous district of this case and the defendant was aware of it. However, the crime of this case is committed; disadvantageous circumstances, such as the area of the photographs exclusively used without permission of this case exceeds 10,934 square meters; and the restoration cost exceeds 168,990,000 won; the defendant is a primary offender and against the defendant; and other favorable conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., are being committed.

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