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(영문) 광주지방법원 순천지원 2018.02.13 2017고단1995
산지관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2017, the Defendant: (a) filed a temporary report on the temporary diversion of a mountainous district from January 25, 2017 to November 30, 2017; and (b) damaged a forest of 1420.6 square meters in total, including the sum of 1,368.9 square meters in, and the aggregate of 51.7 square meters in, a forest adjacent to C, D, D, and E, forest, the area of which exceeds the reported area, to be set up as income crops (V, wild vegetables, vegetable, and vegetable vegetable vegetables) and work for planting and work; and (c) filed a report on the temporary diversion of a mountainous district on February 25, 2017.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Drawings and on-site photographs of the current status of illegally damaged land;

1. Details of receipt of reports on temporary use of mountainous districts and forest register;

1. Application of statutes, such as reports on the results of business trips, basis for calculating damaged areas, field drawings, and photographs;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of the Mountainous Districts Act and the selection of fines concerning facts constituting an offense;

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

1. Although the area of a mountainous district which has been damaged for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence of a fine like the order was imposed in consideration of the fact that the defendant reported the temporary use of a mountainous district and exceeded the scope of the mountainous district and caused the instant case, and that the defendant has no record of the same crime, etc.

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