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(영문) 대전지방법원 논산지원 2013.11.26 2013고정162
산지관리법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

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, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, changed the form and quality of 3,042 square meters of forest land from B and C forest land in Seosan-si, Seosan-si, 2013, and converted the use of mountainous district to mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the actual condition survey report, field photographs, current status map, each entry in the basis for calculating the amount of forest damage, or the application of video-related Acts and subordinate statutes;

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 concerning criminal facts and the selection of punishment;

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

1. An unfavorable circumstance is that the area of the converted mountainous district is larger than that of the converted mountainous district without permission for sentencing under Article 334(1) of the Criminal Procedure Act.

However, it is advantageous to the fact that the defendant is the first offender and is against the crime, and that the restoration of the mountainous district in the ruling has been completed.

In addition, the punishment shall be determined as per the disposition in comprehensive consideration of all the circumstances shown in pleadings, such as the character and conduct of the accused and family environment.

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