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(영문) 창원지방법원 거창지원 2019.08.14 2019고단149
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from a competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree for the purpose thereof.

Despite this, the Defendant, without obtaining permission for mountainous district conversion from December 2, 2018 to January 2, 2019, converted the use of mountainous districts by removing forest trees from 2,915 square meters in forests and fields located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, a quasi-preserved mountainous district, and cutting them into cream and cutting them into cream, etc., and cutting them into chills

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Location map of illegally damaged mountainous district, details of on-site investigations of illegally damaged mountainous district, and application of statutes on illegally damaged land areas;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of an alternative fine for punishment (the area of the damaged mountainous district is reasonable, but considering the fact that the defendant has no criminal record, other than once a fine, and that the damaged mountainous district has restored its original state to its original state with the exception of the portion exempted from restoration obligations, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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