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(영문) 수원지방법원 2017.05.18 2016고정3179
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

A person who intends to create forest roads, work roads, forest paths, or other similar mountain paths, such as a forest road, work roads, forest products transportation roads, shall file a report on the temporary use of a mountainous district with the competent authority.

Nevertheless, on February 2016, the Defendant changed the form and quality of the mountainous district so that the amount of KRW 5,615,000 for restoration expenses may be increased by creating a work route to transport fertilizers from 1,240 square meters of land B in Sung-si, which is the Defendant’s ownership, and from 1,615,000 to 1,240 square meters of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes to each criminal investigation report and investigation report;

1. Relevant Article 55 subparagraph 2 of the Act and the former part of Article 15-2 (2) of the Management of the Mountainous Districts and Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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