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(영문) 의정부지방법원 2014.12.11 2014고정1955
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Anyone who intends to convert a mountainous district shall obtain permission from competent authorities.

Nevertheless, without obtaining permission from the competent authority on June 2013 to July 2013, the Defendant suffered forest damage equivalent to KRW 14,650,557 (applicable to KRW 3,908.9 won per square meter per 201 square meter in the calculation standard amount of mountainous district recovery expenses in 2013) by converting the 3,748 square meters of D forest land adjacent to Seocheon-si, which had completed a building report for the purpose of detached housing into the place of a residential garden site.

Summary of Evidence

1. Defendant's legal statement;

1. Survey results map of current status of illegal land, official text of notification of occurrence of illegal mountainous district conversion, standard table for calculation of recovery expenses of the Korea Forest Service, land cadastre, and written confirmation of land use plan;

1. Application of Acts and subordinate statutes on illegal photographs;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All the circumstances indicated in the record, such as the fact that the defendant in the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has lived in good faith without one previous conviction, the land category of the pertinent land was almost a forest, but it was almost almost a site, the defendant completed the restoration of the original state, such as planting trees of 120 glus after the fact that the defendant completed the restoration of the original state, and the defendant repent

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