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(영문) 창원지방법원 거창지원 2019.08.14 2019고단86
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from a competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree for the purpose thereof.

Nevertheless, on September 2018, the Defendant converted the use of mountainous districts into three parts by removing trees from forest land 2,818 square meters located in Gyeongnam-gun B, Gyeongnam-gun, Gyeongnam-gun, without obtaining permission for conversion of mountainous districts, and cutting creams, etc. with cutting chills, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Land cadastre;

1. Location map of illegally damaged mountainous districts, details of field surveys of illegally damaged mountainous districts, and application of local photographic Acts and subordinate statutes;

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

1. Selection of a selective fine for punishment (the area of the damaged mountainous district is substantial, but the defendant has no criminal records other than the fine prior to one time, and the damaged mountainous district has been restored to its original state, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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