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(영문) 춘천지방법원 강릉지원 2016.06.10 2016고정84
산지관리법위반
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

No person shall divert a mountainous district without permission from the competent administrative agency or temporarily use a mountainous district without filing an application therefor.

1. On December 2014, the Defendant, without obtaining permission from the competent authority to convert a mountainous district into a mountainous district. On December 2012, 2014, the Defendant: (a) sealed concrete packaging on approximately 298 square meters among the forest land in Gangseo-si C; and (b) performed an act of converting a mountainous district into an unauthorized mountainous district.

2. On March 2015, the Defendant did not file an application for temporary use of a mountainous district with the competent administrative agency. On March 1, 2015, the Defendant opened a work road for temporary use of approximately 99 square meters among the forest land listed in paragraph (1) on March 1, 2015, and temporarily used a mountainous district without filing an application for temporary use of a wood drying site.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to forest register and photographic register;

1. A point of temporarily using a mountainous district that has not been reported as prescribed in Article 53 subparagraph 1 of Article 53 and Article 14 (1) of the Mountainous Districts Management Act concerning criminal facts: Article 55 subparagraph 2 of the Mountainous Districts Management Act and Article 15-2 (2) of the Mountainous Districts Management Act;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Management of Mountainous Districts due to the diversion of mountainous districts without permission, the aggregate amount of which is more severe, within the scope of such aggravated punishment);

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

1. To partially reduce the amount of fine on a summary order by taking into account the following: (a) reflectivity of the sentencing of Article 334(1) of the Criminal Procedure Act; (b) restitution; (c) absence of the same record; (d) awareness of illegality of each of the crimes of this case; and (e) the Defendant’s age and economic situation;

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