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(영문) 춘천지방법원 2018.12.12 2018고정275
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. by setting the purpose thereof.

Nevertheless, the Defendant, without obtaining permission from the competent administrative agency on March 2014, within the state-owned forests located in Hongcheon-gun, Seocheon-gun, 2014, installed water facilities (4m2), sewage holes (0.2m2m2), and septic tanks (0.8m2). On around 2016, he/she performed the act of disposing of the 316m2 of the law surface (316m2) as pos2. From around March 2016 to around 2018, the Defendant converted the preservation area of the 1,415m2 into the mountainous district without obtaining permission to convert the mountainous district, by converting the preservation area of the 1,415m2 at the bottom of the marina site.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the investigation report (1) (including the results of surveying forest damage, including the actual survey report), the investigation report (6) (including the details of the land subject to the conversion of illegal mountainous districts, the annual status of the conversion of illegal mountainous districts), the investigation report (7) (including all certificates of each registered document attached thereto), the investigation report (7) and the investigation report (8) Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is the method of converting the mountainous district, or the scale, period, etc. of the diversion of the mountainous district without permission, and the fact that the crime of this case is inferior is an element for sentencing unfavorable to the Defendant.

However, the fact that the defendant seems to have recognized and against the crime of this case, the defendant completed recovery in accordance with the order to restore the illegal forest damaged area by the competent authority, and the defendant has no record of being punished by the suspension of qualification or more, etc. shall be considered as factors for sentencing favorable to the defendant. In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered as factors for sentencing.

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