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(영문) 광주지방법원 순천지원 2017.02.15 2016고정477
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

No person shall violate an order to remove facilities or restore a mountainous district, the form or quality of which has been changed, issued by the competent administrative agency to divert a mountainous district without permission or reporting.

The Defendant was the owner of the 4 Dong (a total of 690 square meters) located in Chungcheongnam-gun, Namjin-gun, and the said livestock shed installed without permission to convert a mountainous district to remove by October 16, 2015, the person on October 20, 2015, the order to remove by November 30, 2015, and the order to remove by March 30, 2016, respectively, the said livestock shed was issued on March 30, 2016, to remove by November 30, 2015, respectively.

Accordingly, the Defendant violated the order to remove the facilities of the Gosong-gun in a total of three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Actual condition survey;

1. Application of Acts and subordinate statutes governing orders to remove illegal facilities;

1. Article 55 Subparag. 10 of the relevant Act and Articles 44(1)2 of the Management of Mountainous Districts Act regarding criminal facts and the selection of punishment for each mountainous district of which punishment has been imposed (the selection of a punishment penalty, which has not been removed until now). However, the amount of fine shall be determined to substitute for community service by taking into account the Defendant’s age, career, family relations, living level, etc., as well as the fact that the Defendant purchased a stable constructed by destroying mountainous district and destroying mountainous district in around 2006 from the former owner at the time of purchase, it is deemed that the stable was unaware of the fact that it was constructed by damaging mountainous district.

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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