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(영문) 창원지방법원 통영지원 2021.02.03 2020고정232
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A person who intends to temporarily use a mountainous district for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths shall report to the competent authority. However, on March 2016, the Defendant opened a work route by using 1,960 square meters of B forest land and forest land, which is a preserved mountainous district, and by using a scke, without reporting to the competent authority on March 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Articles of the Criminal Act and the Management of the Mountainous Districts of which punishment is selected [the former Mountainous Districts Management Act (amended by Act No. 16710, Dec. 3, 2019) more severe than the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) which is a corporation at the time of an act under the main sentence of Article 8 of the Criminal Act, Articles 1(2) and 50 are the same as the statutory punishment.

B ex officio (see, e.g., Supreme Court Decisions 92Do2194, Nov. 13, 1992; 2000Do3350, Apr. 12, 2002); 55 subparag. 2, and 15-2 subparag. 4 subparag. 7 (Determination of penalty)

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

1. Consideration, such as the fact that the defendant had no criminal record for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the damaged mountainous district was restored;

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