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(영문) 전주지방법원 정읍지원 2016.07.05 2016고단155
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

The defendant is a person who obtains a loan from a state forest under the jurisdiction of the Korea Forest Service located in Si/Y-Eup and operates C Do Governor.

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. for a specified purpose.

Nevertheless, between June 22, 2013 and March 2015, the Defendant used 203 square meters among the above state forests to divert mountainous districts by installing stairs, barcs, and sperm without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of the area damaged by mountainous district and attaching an order for restoration to the original state);

1. A survey report on actual conditions;

1. Application of the relevant Acts and subordinate statutes of the case in 2013;

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s attachment of the reason for sentencing of the sentence under Article 334(1) of the Criminal Procedure Act was aware that part of the mountainous district was punished for exclusive crimes in 2013, and the mountainous district was diverted to the area indicated in the decision, and that the Defendant did not comply with the order for restoration for a long time despite having been ordered several times to the Defendant, which is unfavorable to the Defendant. While the trial of this case was pending, the restoration was completed, and there was no record of punishment exceeding the fine, etc.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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