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(영문) 청주지방법원 제천지원 2019.01.10 2018고정75
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu with regard to mountainous district of a forest which is not a state forest

Nevertheless, around July 15, 2018, the Defendant maintained mountain paths using the digging machine without reporting to the competent authority, and temporarily used the mountainous district by changing the form and quality of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Cadastral map, satellite photograph, photo of current status, and current status survey drawings;

1. Application of Acts and subordinate statutes to standards for calculating recovery expenses;

1. Reduction of the amount of a fine in consideration of the selection of a fine, the error and radius thereof, the fact that it appears that the restoration to the original state is completed after a public prosecution is instituted, the fact that there is no record of the same kind of crime, etc.;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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