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(영문) 대전지방법원 논산지원 2014.02.07 2013고정229
산지관리법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

A 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 the types, areas, etc. of mountainous districts

Nevertheless, on August 2013, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, etc., converted the use of scickers for the purpose of securing access roads to agriculture in land outside C and one parcel, which is the ownership of a clan to which the Defendant belongs, to convert the use of 295 square meters of forest land to mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the actual condition survey report, field photographs, current status map, each entry in the basis for calculating the amount of forest damage, or the application of video-related Acts and subordinate statutes;

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 concerning criminal facts and the selection of punishment;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant asserts that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Procedure Act, since it constitutes a justifiable act as provided by Article 20 of the Criminal Code, since the defendant's defendant's assertion that "at the time of making a farmer's house in the mountainous district of the city of the city of the city of the city of the city of the city of the city of the city of the city of the

However, even if the defendant committed the crime of this case in good faith upon the request of a clan member, the defendant's act of flating the mountainous district using a sckeer without the permission of the competent authorities is an act which lacks reasonableness in the means or method and is not justified in light of the social rules. Thus, the above argument is not acceptable.

The reason for sentencing is that the defendant recognizes the crime of this case itself, and there are some circumstances to be considered in regard to the crime of this case, and the area of the mountainous district exclusively used without permission is wide.

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