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(영문) 의정부지방법원 2013.04.24 2013고단276
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a management director of a stock company B, the purpose of which is to manufacture ready-mixeds and asphalts, and a person in charge of collecting aggregate.

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2012, 2012, removed miscellaneous trees using equipment such as scrails, etc. in order to create access roads to 2,460 square meters of forest land located in Seocheon-si, Gyeonggi-do. The Defendant diverted the use of mountainous districts by cutting, banking, and flating.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement regarding D;

1. Accusation against a violation of the Mountainous Districts Management Act, B illegal GIS photographs, cadastral survey results register, business trip reports, and application of statutes governing field photographs;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Selection of Fine) concerning facts constituting an offense;

1. Although the area of a mountainous district which has been destroyed by the reason for sentencing under Articles 70 and 69(2) of the Criminal Act is wide, the sentence shall be imposed as ordered in consideration of the following: (a) the fact that the defendant restored the mountainous district to its original state; (b) the reason why the mountainous district was damaged beyond the permitted area does not seem to have arisen from the intention to increase the quantity of earth and rocks; and

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