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(영문) 대구지방법원 김천지원 2015.07.09 2015고정326
산지관리법위반
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for conversion, as prescribed by Presidential Decree, and any person who intends to temporarily use a mountainous district shall obtain a report on temporary use of such mountainous district, as prescribed by Presidential Decree

Nevertheless, on March 12, 2015, the Defendant created a cemetery site by using equipment, such as screers, etc., without obtaining permission from the Kimcheon-si, Kimcheon-si, and converted the form and quality of a mountainous district with a size of approximately 71 square meters in total. On March 12, 2015, the Defendant opened a access road leading to the cemetery and temporarily used a mountainous district with a size of approximately 96 square meters in total without reporting it to the Kimcheon-si

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation, a report on actual condition investigation, a report on investigation (the area of damage and the return of property for recovery), and a report on investigation (the confirmation of mountainous district recovery);

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 2 of the Management of Mountainous Districts Act, and Article 15-2 (2) of the Management of Mountainous Districts Act, the selection of fines for criminal facts, the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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