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(영문) 창원지방법원 진주지원 2019.05.09 2018고단1560
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from competent authorities.

Nevertheless, around June 6, 2018, the Defendant illegally diverted a preserved mountainous district of 2,600 square meters in total, by removing standing trees, etc. that interfered with take-off without obtaining permission for conversion of a mountainous district, from approximately 1,030 square meters of forest land and approximately 1,570 square meters of forest land in Chungcheongnam-gun, Nam-gun, Namnam-gun, which is a take-off point of the Defendant’s “B” operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual situation survey report, forest damage land survey report, forest damage land survey report, forest land use planning report, confirmation source of the forest damage land use plan, each investigation report (Evidence List Nos. 10,12), each information photograph, hearing of related persons' statements, interview summary, and interview summary report;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act under the grounds of the provisional payment order is based on the following circumstances and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of this case.

The unfavorable circumstances: The fact that the area of the damaged mountainous district is not narrow, the favorable circumstances that damage the mountainous district without the consent of the forest owner are destroyed without the consent of the forest owner: The fact that the defendant confessions and the restoration of the damaged mountainous district is completed

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