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(영문) 청주지방법원 충주지원 2018.10.17 2018고정89
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2017, the Defendant, while carrying out construction of a site with permission for the creation of a family cemetery on a lot other than B, Chungcheongnambuk-gun, and one parcel of land, converted forest land into a mountainous district without permission for conversion of forest land by exceeding a site for which the previous permission for conversion of mountainous district was obtained.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports and actual investigation reports;

1. Article 6 of the Addenda to the Management of the Mountainous Districts (Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the area of the mountainous district converted by the defendant without permission, the fact that the defendant recognized the crime and reflects it, the defendant completed restoration of the mountainous district converted by the defendant without permission.

Although there are claims, it is difficult to say that a mountainous district has been restored to its original state because it is merely planting turfy to create a cemetery, taking into account the various factors of sentencing as shown in the argument of this case, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. of the defendant, the punishment as set forth in the Disposition shall be determined.

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