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(영문) 창원지방법원 통영지원 2016.06.13 2016고정136
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

From around January 28, 2010 to January 28, 2016, the Defendant, without reporting the temporary use of a mountainous district to the head of a forest office, installed facilities for growing shot mushrooms in the above forest land without reporting the temporary use of a mountainous district to the head of a forest office, etc., and used a shot mushroom growing business to temporarily use a mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of the fact-finding survey on a site for the year 2014, and a plan for restoration from the use of a site for other purposes for the national boundary;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Act and the main sentence of Article 53 subparagraph 2 and the main sentence of Article 15-2 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order may be considered as favorable circumstances. However, considering the following: (a) the Defendant occupied a mountainous district for a relatively long period of time; (b) the Defendant occupied the mountainous district without permission; and (c) the Defendant was expected to recover the mountainous district for 2019; and (d) the economic benefits that the Defendant obtained by comparison with the changed remuneration seems to considerably exceed the amount of monetary reward, the penalty shall be determined to partially reduce the amount

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