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(영문) 창원지방법원 진주지원 2018.10.26 2018고정272
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district or use a mountainous district as a day shall obtain permission from the head of a forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district according to the

Defendant without obtaining permission from the Administrator of the Forest Administration, etc.;

1. On January 18, 2015, a temporary use of 224 square meters in forest land B in Busan-Gun, as a part of work, was made;

2. Around March 2015, a mountainous district was diverted by changing the form and quality of 476 square meters from B forest land into farmland;

3. Around March 2015, a mountainous district was converted by changing the form and quality of farmland with a size of 2,067 square meters in B forest land to farmland cultivated, such as cut trees and susus, and the mountainous district was converted;

4. Around October 2015, a mountainous district was used as a warehouse site by using 36 square meters in C forest land as a warehouse site; and

5. The same year from the end of February 2016

3. From the Do, E, and F forest land, 845 square meters of trees in each room were diverted into the mountainous district by changing the form and quality of trees in order to planting them, and the mountainous district was diverted to patrolmen; and

6. The same year from the end of February 2016

3. From D, E, and F forest land, 1,744 square meters were temporarily used in mountainous districts to planting bag trees and bamboo trees.

Summary of Evidence

1. Statement by the defendant in court;

1. A photographic register;

1. A survey report on actual conditions;

1. Forest geographic information;

1. Each satellite photograph;

1. Application of statutes on field photographs;

1. Article 53 of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 53, Article 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment, subparagraph 2 of Article 53 of the Mountainous Districts Management Act, and Article 15-2 of the Mountainous Districts Management Act, and selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant cut trees in a quasi-preserved mountainous district and cut-up and cutting-off work, such as cutting-up of stone and piling-up of stone, is a matter of importance as the damaged area becomes 5,422 square meters.

Defendant restored to its original state;

One, tin, etc. was not removed.

In addition, the defendant's age, sex, environment, background, means and results of this case, and circumstances after the crime, etc.

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