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(영문) 수원지방법원 2014.04.10 2014고정14
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has obtained permission to divert a forest for the purpose of neighborhood living facilities (building materials sales store) in forest land B and C when it is inflammable, and has overall control over civil engineering works of the above forest land.

Any 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, on June 2012, the Defendant: (a) damaged approximately 299 square meters of forests and fields D adjacent to the said forest in order to secure access roads in the course of performing civil engineering works on the said forest and fields as a guard; and (b) damaged the use of a drilling machine, etc. without obtaining permission from the Minister of the Korea Forest Service, etc., thereby diverting the use of mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on actual conditions, damaged zone, and permission for mountainous district conversion;

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 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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