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(영문) 청주지방법원 충주지원 2016.08.09 2015고단606
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she intends to modify permitted matters.

The Defendant, without obtaining permission from the competent authority on August 2014, 201, exceeded C’s permission, and cut trees from a mountainous district of approximately 1,458 square meters adjacent thereto, and converted mountainous districts into mountainous districts by cutting down trees from a mountainous district of approximately 1,458 square meters adjacent thereto, and cutting down trees into mountainous districts and disposing of them upon sprinking.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and each location map;

1. Consultation on diversion of mountainous districts and current status of illegal forest damage;

1. Application of Acts and subordinate statutes on sites of photographs;

1. Article 54 subparagraph 1 of the relevant Act on the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment. Article 54 (Selection of Penalty)

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The sentence shall be determined as ordered, taking into account all the factors such as the above circumstances and the defendant’s age, sex behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc., taking into account the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant completed the completion inspection on the site before illegal mountainous district; (b) the Defendant’s completion inspection on the site before illegal mountainous district; and (c) circumstances that may be considered in the process of the instant occurrence.

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