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(영문) 의정부지방법원 2014.10.30 2014고정1845
산지관리법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative who operates a construction business as a representative and operates the camping ground in Gyeonggi-do C.

A person who intends to divert a mountainous district shall obtain permission from the competent authority pursuant to the Management of Mountainous Districts Act.

Nevertheless, during the period from January 10, 2014 to January 15, 2014, the Defendant: (a) cut the land of KRW 53,108,00,000, which is KRW 772 square meters of forest land owned by F in Seocheon-gun D for three days, without obtaining permission from the head of Si/Gun having jurisdiction over mountainous district conversion; and (b) caused damage to the forest of KRW 53,108,00 necessary for the restoration of unlawfully converted mountainous districts by taking the land out of 1,686 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. A written opinion, a petition, a survey report on actual condition, a assessment report on the amount of forest damage, and a cadastral survey result;

1. Application of Acts and subordinate statutes on site photographs;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

1. Articles 70 (1) 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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