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(영문) 창원지방법원 거창지원 2017.04.21 2017고정33
산지관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. A person who intends to divert a mountainous district without permission shall obtain permission from the head of the competent forest office, including the head of the relevant forest office, for the use thereof;

Nevertheless, on August 2016, the Defendant changed the form and quality of a mountainous district by cutting approximately 439 square meters in a mountainous district without obtaining permission from the competent authority for the purpose of maintaining drainage channels, from Gyeongcheon-gun, Gyeongnam-gun, Gyeongnam-gun, the Defendant changed without obtaining permission from the competent

2. A person who intends to temporarily use a mountainous district for the purpose of releasing livestock from the temporary use of a mountainous district without reporting thereon shall report such fact to the head of the relevant forest in relation to the mountainous district of a national forest, and to the head of the relevant Si/Gun/Gu in relation to a mountainous district, other

Nevertheless, on May 2016, the Defendant temporarily used a mountainous district by installing a fence of about 500 meters in length for the purpose of grazing livestock without reporting the temporary use of a mountainous district to the Gohap-gun, without reporting the temporary use of the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the actual survey report and on-site survey;

1. Topographical map, satellite photograph, and dogmatic map of the damaged area;

1. On-site photographs;

1. Application of Acts and subordinate statutes on land ledger;

1. Relevant Article 53 subparagraph 1 of the Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment (unauthorized mountainous districts and selection of fines) concerning the facts constituting an offense, and Article 55 subparagraph 2 of the Mountainous Districts Management Act and the former part of Article 15-2 of the Mountainous Districts Management Act (the occupation of temporary use of a unreported mountainous district and the selection of fines);

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

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 concerning the order of provisional payment;

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