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(영문) 대구지방법원 서부지원 2019.02.19 2018고정486
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, according to the records around April 29, 2018, the defendant was correct ex officio, since it is obvious that he is a clerical error and there is no risk of actual disadvantage to the defendant's right of defense.

From May 5, 2018 to the conversion of mountainous districts, the conversion of mountainous districts was made in the way of removing trees and miscellaneous plants that grow by using a cutter from 1,791 square meters of forest land located in Gyeong-gun, Chungcheongnam-gun, Gyeongbuk-gun, and cutting or banking the ground.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the actual situation survey report, forest land register, copies of forestry land use plan, and written confirmations of land use plan;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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