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(영문) 대전지방법원 공주지원 2015.07.03 2015고정37
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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 mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, the Defendant, at the end of September 2012, set up a bypass road to the Cheongyang-gun B, a neighboring land without obtaining permission to convert a mountainous district, and laid down the cut earth and sand in the same mountainous district B, and converted the mountainous district into a mountainous district of approximately KRW 984 square meters ( approximately KRW 4,077,790, which is the restoration expenses) without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Land cadastre;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a criminal investigation report and a written prosecution;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the form of confession and reflection of the defendant. At present, multiple night trees are planted in the mountainous district where the crime of this case is committed, and the function of the mountainous district in the future can be recovered.

However, despite the past criminal record of criminal punishment, the defendant committed the crime of this case, and that the defendant's occupation is the representative of the construction company is disadvantageous to the defendant.

It is so decided as per Disposition by taking into account such circumstances, the circumstances of the crime, the area of damage, and the circumstances after the crime.

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