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(영문) 창원지방법원 진주지원 2013.11.13 2013고정471
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to temporarily use a mountainous district shall file a report with the competent authority.

From May 201 to September 201, the Defendant damaged the forest and temporarily used the mountainous district so that the restoration cost is 2,219,000 won, without reporting the temporary use of the forest to the competent authority, without removing the existing trees that the Defendant used in the said forest, such as the contaminated trees with high profitability, planting pine trees, etc., and burying 1,000m pvc and iron pipes to prevent landslides. In order to collect the 617mmp and iron pipes from the land of the said forest, the Defendant used the f17m square meters away from the land of the said forest, such as cutting and sculating the ground, and piling the stone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report, location map, cadastral map and satellite photograph, survey data, and photograph register;

1. Article 55 subparagraph 2 of the Mountainous Districts Management Act and Articles 15-2 (2) of the former Mountainous Districts Management Act (Amended by Act No. 10977, Jul. 28, 201) which select the applicable law for criminal facts and punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Some of the fines determined by a summary order shall be mitigated in consideration of the fact that an order for restoration of the reason for sentencing under Article 334(1) of the Criminal Procedure Act has been complied with and the initial offender has been issued.

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