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(영문) 대구지방법원 상주지원 2014.06.10 2014고단85
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the concern of the B B B B (inspection) in the time of literature.

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, the Defendant, in the process of constructing the said temple, installed containers for cutting, banking, and mination using the digging devices, without obtaining permission from the Director of the Permanent State Forest Management Office located in D 2,240 square meters in a state forest located in B and adjacent Do, which is located in the area of 2,240 square meters.

In addition, the defendant around 2010 did not obtain permission from the permanent state forest management office in state forests equivalent to the size of 1,420 square meters adjacent E, F, G located, and in order to install a garden, the defendant performed the cultivation work by having the jobmen in the name of the defendant remove and flat the trees using machinery, etc. to install a garden.

As a result, the Defendant diverted mountainous districts to have approximately KRW 17,310,460,00 in a size of 3,660 square meters in total.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the calculation of damages;

1. Each survey result map;

1. Application of statutes on field photographs;

1. Article 53 Subparag. 1 of the former Mountainous Districts Management Act (amended by Act No. 1031, May 31, 2010); Article 53 Subparag. 1 of the former Mountainous Districts Management Act (amended by Act No. 10352, Feb. 22, 2012); Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012); and each selection of fines for criminal facts

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. The fact that the defendant has restored the mountainous district for the reason of sentencing under Article 334(1) of the Criminal Procedure Act to its original state, and the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime.

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