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(영문) 광주지방법원 2021.01.29 2020고단5870
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the competent administrative agency for conversion of such mountainous district;

Nevertheless, on January 2019, the Defendant converted mountainous districts into mountainous districts to KRW 29,650,000 for damage recovery costs by cutting or raising equipment, such as digging machines, in order to create a site for solar power generation without obtaining permission from the competent administrative agency, in forest land on the land in B (4,160 square meters) and C (752 square meters) in the Seo-gun, Seo-gun (752 square meters) around 2019.

2. Any person who intends to cut standing timber in a forest shall obtain permission from the competent authorities;

Nevertheless, the defendant cut standing timber in the above time and place without obtaining permission from the competent authorities for cutting standing timber, etc. as above, and cut down the total amount of 87 standing timber that has been cultivated therein.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes on site photographs prior to mountainous districts, including actual measurement maps of the current status of sites prior to mountainous districts, using satellite image aerial aerial photography equipment, and on-site photographs of sites prior to mountainous districts

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts for which the punishment is determined, Article 74 (2) 2, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the crime, and the selection of fines;

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 sentencing of Article 334(1) of the Criminal Procedure Act is considerably wide, the area of the mountainous district damaged by the defendant without the permission of the competent authority, and damages by using equipment, such as cutting machines, etc. Meanwhile, the fact that the defendant recognized his mistake and against himself, the fact that the damaged mountainous district appears to have been restored to its original state, the fact that the defendant did not have any criminal record exceeding the fine, and the age of the defendant;

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