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(영문) 전주지방법원 2018.11.01 2018고정499
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 2018, the Defendant was engaged in agriculture in his/her residence and living in his/her place of residence, and was illegally damaged by using a fluoring season with one square meter for the purpose of using 1,234 square meters for dry field B in his/her place of residence, and 2,101 square meters for D forest land and 867 square meters for dry field for the purpose of using in his/her place of residence in B (owner C) and B (owner E/F) in his/her place of residence in his/her place of residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the actual survey report, location map, red map of illegally damaged area, field photographs of forests and fields, registers of forests and fields, certified copies of forestry map, and Acts and subordinate statutes governing land use plans;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant recognized the facts charged of this case and expressed his intention to reflect on the mistake thereof, and there is no penalty for the same kind of crime, etc. However, in this case, the defendant's exclusive use area reaches 2,101 square meters without the permission of the competent authority, and the contents of the crime are not somewhat weak, and there is a part of the defendant's exclusive use area cut off by using the digging hole (hereinafter referred to as "the defendant's attached C"), and there is no permission for conversion of mountainous district or restoration of mountainous district to the original state, which is disadvantageous to the defendant.

In addition, the sentencing conditions specified in the records of this case, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as per the order [the defendant was released from the previous North Korean Office D (owner: E, F)].

One general mountainous district shall not be considered as reinstatement, but in consideration of the fact that there are no trees originally and is the same as yellow land.

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