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(영문) 광주지방법원 목포지원 2014.01.24 2013고단1735
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From March 11, 2013 to March 15, 2013, the Defendant diverted a mountainous district of approximately KRW 4,089 square meters (Recovery cost KRW 15,983,000) using a cutter for the purpose of creating farmland in a mountainous district located in Newannam-gun C without obtaining permission for the conversion of a mountainous district of approximately 4,08 square meters from March 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. -Unauthorized cadastral map for conversion of mountainous district - protocol for illegal conversion of mountainous district;

1. -Bluorlights for illegal photograph exclusive use;

1. Application of statutes on land cadastre and certified copy of register;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 53 and 14 (1) of the same Act (Concurrent imposition of imprisonment with prison labor and fines, the large scale of exclusive mountainous districts, and the fact that the mountainous districts have not yet been restored to their original state) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Mar. 20, 2014);

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

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