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(영문) 창원지방법원 진주지원 2014.05.21 2014고정18
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

A person who intends to convert a mountainous district shall determine its use and obtain permission from the competent authorities, such as the Minister of the Korea Forest Service, and a person who intends to collect earth or stone in mountainous districts which are not state forests shall obtain permission from the competent authorities.

Nevertheless, from November 201 to June 2013, the Defendant converted the form and quality of the above mountainous district by using one unit, etc. of 3,217 square meters among forest land in Gyeong-dong, Gyeong-gun, Gyeong-dong, D, E, F, and G without obtaining permission for mountainous district conversion from around November 2012 to June 2013, and converted the use of one unit, etc., and collected soil and stones from approximately 2,590 square meters among the above C and D forest without obtaining permission from the competent authorities for temporary bordering.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each fact-finding survey report, each location map of illegally damaged forest, each data on the GPS survey of each illegally damaged forest, photographs of each illegally damaged forest, and the application of statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, subparagraph 3 of Article 53, and Article 25 (1) of the Management of Mountainous Districts Act, and the selection of fines for crimes;

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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