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(영문) 대구지방법원 상주지원 2013.05.07 2012고단512
산지관리법위반
Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district may obtain permission from the competent authority for the purpose of using the mountainous district as a dry field. However, around September 2012, the Defendant, in order to use it as a dry field, had human beings cut trees, etc. located therein without obtaining permission from the competent authority in relation to the Defendant’s forest land located in Seodaemun-si, and used sckes, etc. to cut, embanking, cut, cut, and conduct flat coal work, etc., and used approximately KRW 6,00 square meters out of the said forest land, and used approximately KRW 70 square meters in the said forest land to divert approximately 6,70 square meters out of the said forest land in the same manner as above from the forest land owned by D Co., Ltd. in the same Ri C, thereby diverting approximately KRW 69,517,00,00 in the cost of restoration

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Determination of a fine, in consideration of the fact that the Defendant has received an inspection on completion of recovery from the competent authority on March 20, 2013, after recovering a mountainous district by planting high-ranking trees on the 6,500 square meters of forest damaged;

1. Articles 70 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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