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(영문) 제주지방법원 2016.11.30 2016고정654
산지관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates D and intended to leave a wrusit warehouse in E forest at Jeju, and Defendant B is a wrus of Defendant A, and Defendant B is a wrus of Defendant B.

Anyone who intends to convert a mountainous district shall obtain permission from competent authorities.

From February 2016 to March 3, 2016, Defendants and F did not obtain the permission of the competent authority for the purpose of raising cruitation storage in the above forest and field E in Jeju, with the aim of cutting down cruitation of cruitation with the said forest and field. Defendant B and F cut three parts of cruitation with the cruitation season in accordance with the said order, and cut soil at a height of 50cc to 110cc on the south of the said forest and field, and diverted the ground by raising the soil on the north north of the said forest and field with low area of 586m square meters in total on the south of the area of the south of the said forest and field.

Accordingly, the Defendant and F conspired to convert a mountainous district without obtaining permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. A register of reports on criminal intelligence, knowing the detection of forest damage matters, forest damage matters, and photographs;

1. Investigation report (on-site verification), F certification, on-site photographs;

1. The actual condition survey report, the forest damage area map, the calculation statement of the damaged amount, and the on-site photograph;

1. Investigation report (a photo and next interview verification);

1. A certified copy of land use plan, land cadastre and cadastral map;

1. Investigation report (on-site verification), on-site photographs;

1. Application of Acts and subordinate statutes to the prosecution concerning F to the protocol of suspect interrogation;

1. Article 53 subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, and Article 30 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

Conditions unfavorable to the reasons for sentencing: (1) the felling of miscellaneous trees and land flating is also nominal.

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