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(영문) 전주지방법원 군산지원 2020.06.17 2020고정103
산지관리법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

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. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree by determining its use, and a person who intends to extract earth and sand of a scale prescribed by Presidential Decree to use it for guest soil or other purposes prescribed by Presidential Decree in a mountainous district which is not a state forest shall report thereon to the head of a Si/Gun/Gu on gathering earth and sand, as prescribed by Ordinance of

On April 2019, the Defendant: (a) formed dry field in B forest land and its branches; and (b) used equipment, such as 15 tons of forest land and 412 square meters of land and 484 square meters of land on a road site without permission from the competent agency for the purpose of securing soil necessary for the community center site; and (c) carried out earth and sand.

Such an act is classified as a forest and field, and its phenomenon is damaged by 171m2, which is a forest and field, and constitutes an illegal conversion of a mountainous district. In the forest and field, the soil taken out to the outside without reporting to the relevant agency is also taken out to the total area of 219m2 and violates the relevant law.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of the actual situation survey report, forestry map and forest land register, confirmation of land use plan, and the copy of the land register;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 5 of the Management of Mountainous Districts Act, and Article 25 (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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