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(영문) 수원지방법원 여주지원 2018.08.28 2018고정479
산지관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district;

Nevertheless, on March 20, 2018, the Defendant developed 1,257 square meters of forest land B in Gyeyang-gun, Gyeonggi-do, which is a preserved mountainous district without obtaining permission from the competent authority on the conversion of a mountainous district, into a dry field by using a cry field, such as a refluoring season and a cryp, etc., and diverted the mountainous district to use cryp for the purpose of growing medicinal herbs

2. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by the Act on Property of the State;

Nevertheless, from the date of the entry in paragraph (1) to April 10, 2018, the Defendant arbitrarily used forest land B 1,257 square meters, which is State property, as described in the preceding paragraph, from around the time of the entry in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on illegal diversion of state forests;

1. Reporting on the status of forest damage;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to deposit and order restoration of land before illegal mountainous districts;

1. Subparagraph 1 of Article 53 and Article 14 (1) of the Management of the Mountainous Districts Act concerning criminal facts; Articles 82 and 7 (1) of the State Property Act; and selection of fines, respectively, concerning criminal facts;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act. Article 50 (Aggravation of Punishment on Crimes of Violating Mountainous Districts, of which Punishment is heavier)

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

1. The fact that the violation area of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is considerably broad shall be considered in light of the circumstances that are advantageous to the disadvantage. However, it shall be considered favorable to the following: (a) the fact that the completion of original recovery is approved with respect to the protected mountainous district in violation of the Criminal Procedure Act; (b) the fact that it is recognized as completion of restoration; (c) the cost required for restoration; and (d)

In this regard, the sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, are considered as the order.

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