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(영문) 대전지방법원 천안지원 2019.08.08 2019고단799
산지관리법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, from November 2014 to March 2017, the Defendant damaged the above forest land by removing, cutting, and banking the trees of the above forest land with a site of 4,860 square meters in total, by using a digging hole, etc. without obtaining permission from the tent market for the purpose of maintaining drainage facilities and installing a sports facility site, etc. in the Yannam-gu, Seoul Special Metropolitan City, Chungcheongnam-gu, Incheon Special Metropolitan City, from November 2014 to March 2017.

As a result, the Defendant converted a mountainous district without obtaining permission to convert a mountainous district in the astronomical market.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, location map, aerial photography, site photograph, and current status map of illegal mountainous areas;

1. Application of Acts and subordinate statutes to survey the amount of damage against illegal mountainous district conversion;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (elective of fines, referring to the following reasons for sentencing) concerning criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the defendant's mistake, and there is no record of having been punished for the same crime or having been sentenced to a suspended sentence of imprisonment or more severe punishment for the same crime, and the completion of considerable restoration is completed upon approval of the restoration design, and there seems to be somewhat extenuating circumstances in terms of the motive or circumstance of the crime in this case, the size of damaged forest land, the size of the damaged forest land, and other factors such as the defendant's age, character and behavior, environment, means and consequence of the crime in this case, circumstances after the crime was committed,

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