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(영문) 대구지방법원 상주지원 2015.02.10 2014고정226
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district in order to create forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report to the competent authority. However, on November 25, 2013, the Defendant did not report the temporary use of the mountainous district without permission, such as creating a work route using a c forest land and D forest which is located at around 140 square meters from among C forest land and D forest land, without reporting the temporary use of the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) of the same Act concerning facts constituting an offense;

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 on the ground of the sentencing of the instant case is to be imposed as ordered in consideration of the degree of temporary use of the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, etc.

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