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(영문) 대전지방법원 서산지원 2016.01.05 2015고단834
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district, specifying the purposes thereof.

Nevertheless, on June 201, the Defendant, without obtaining permission from the competent administrative authority, removed approximately 3,954 square meters of 5,486 square meters of forest B 5,56 square meters in Jin-si, Jin-si, Jin-si, Seoul, and created a tree and miscellaneous tree, and used it as a dry field.

Accordingly, the Defendant diverted the mountainous district without obtaining permission to divert the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual survey report, satellite photographs, site photographs, actual survey maps of the current status of illegal entire land, records of calculation of recovery expenses for mountainous districts, land registers, certified copies of cadastral map, and land use planning confirmation original 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. It is recognized that the area of the mountainous district damaged by the defendant without permission is broad, but there are circumstances that the defendant completed the restoration of the original state, some of the motive of the crime, and there are no criminal records that have been punished for the same kind of crime, and all the sentencing conditions indicated in the records of the instant case and the theory of the change thereof are determined in full view of all the sentencing conditions as ordered.

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