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(영문) 창원지방법원 밀양지원 2017.04.13 2016고정255
산지관리법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority, but the Defendant, without obtaining permission from the competent authority, prevented soil and sand loss from 381 square meters in the area B 381 square meters in the Gyeongnam-gun, not in the end of June 2016, and cut and shotizing the ground to use it as a place of work to collect high hacker water.

2. Although a person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act obtained permission from the competent authority, the Defendant, without obtaining permission from the competent authority, diverted the mountainous district to the same place as the date, time, and place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the survey maps of areas damaged by forests, survey maps of areas damaged by forests, calculation records of damaged amount, and on-site photographs statutes;

1. Relevant Article 140 subparag. 1 of the National Land Planning and Utilization Act, Article 56 subparag. 1 of the Act on the Preparation of Punishment for Criminal Facts (the occupation and use of an unauthorized mountainous district), Article 53 subparag. 1 of the Mountainous Districts Management Act, and the main sentence of Article 14(1) of the Mountainous Districts Management Act (the occupation of an unauthorized mountainous district) and the selection of fines, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the restoration work on whether the reason for sentencing of Article 334(1) of the Criminal Procedure Act was completed; (b) there was no record of punishment for the same kind of crime; and (c) the Defendant’s age, environment; (d) motive, means and consequence of the crime; and (e) the sentencing conditions indicated in the record, such as the circumstances

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