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(영문) 대구지방법원 2016.12.02 2016고정1751
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc., and file a report thereon with a person who intends to temporarily use a mountainous district, such as forest roads, work roads, forest product transportation roads, mountain trails or forest paths, or other similar mountain paths.

Nevertheless, on April 5, 2016, the Defendant cut and filled up 790 square meters out of the above forests and fields and temporarily used mountainous districts by installing an access road to 30 square meters out of the above forests and fields, in order to create a tomb by using caters without permission and reporting from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Map of location attached to the practical survey report, comparison of aerial photographys, photographs on the current status of damage, and forest register;

1. Application of one copy of the investigation report (the correction of the damaged area), one on-site inspection map, and one aerial photography (the photographing date: January 5, 2008);

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 2 of the Management of Mountainous Districts Act, and Article 15-2 (2) of the Management of Mountainous Districts Act, the selection of fines for criminal facts, the selection of punishment, and the selection of fines;

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

1. Articles 70 (1) 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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