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(영문) 창원지방법원 통영지원 2018.08.31 2018고정190
산지관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is residing in C at the same time.

A person who intends to divert a mountainous district in a piece of land, the category of which is forest land, or bamboo, collectively growing, or in a piece of land where bamboo is temporarily lost, shall enter, in an application, the purpose of use thereof specified, and obtain permission or report from the competent authority along with evidentiary documents, and the same shall also apply where he/she intends to modify permitted matters.

Nevertheless, on December 2017, the Defendant, while carrying out a new project for the construction of a detached house in D House, did not obtain permission from the competent authority to change the mountainous district, and did not illegally divert the mountainous district of 279 square meters in the same parcel (D), thereby causing damage equivalent to KRW 5,348,000 in the mountainous district recovery cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 54 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

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

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