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(영문) 전주지방법원 2013.04.24 2013고정47
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to temporarily use mountainous districts for the purpose of cultivating ornamental forest plants, such as wild edible products, medicinal herbss, medicinal herbss, landscape trees, wild flowerss, shall report to the Minister of the Korea Forest Service on mountainous districts of state forests, and to the head of a Si/Gun/Gu on mountainous districts which are not state forests.

Nevertheless, around March 201, the Defendant used mountainous districts temporarily by planting approximately KRW 72,70,00 of mountain ginseng seeds and seedlings (six years from a year to a year) without reporting temporary use of mountainous districts on approximately 72,706 square meters among the state forest areas in Jeonju-gun, Jeonju-gun, C, D, E, F, and G.

Summary of Evidence

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 4 of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The court date was revised without attendance of the defendant in accordance with Articles 458(2) and 365 of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, on the ground that the defendant had been served with a writ of summons of the defendant two or more times on the trial date.

According to the above evidence, in light of the facts found in the judgment of the defendant, and the circumstances of this case, the fines specified in the summary order cannot be deemed to be heavy, and thus the defendant shall be sentenced to the punishment as set forth in the order.

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