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(영문) 광주지방법원 목포지원 2015.07.13 2015고정177
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, Mayors/Do Governors, or heads of Sis/Guns/Gus.

Nevertheless, while the Defendant was performing construction works with the permission for the new construction of a spawal in the Jeon-gun B House, the Defendant created a spawal surface using a spathal source in the Jeonnam-gun C and D forest and located in the Hagu-gun and the 636 square meters of a mountainous district without obtaining permission from the competent administrative agency around October 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the de facto survey report, site location map, GPS survey result table, satellite photographs, and forest damaged area (field photographs);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant restored the mountainous district by planting trees and grass in the slope and restoring the mountainous district, and the slope created by the defendant appears to remain intact, but the shape of the mountainous district was restored by planting trees and grass in the slope.

I would like to say.

(1) The sum of fines prescribed in the summary order shall be reduced in part, taking into account the foregoing.

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