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(영문) 청주지방법원 충주지원 2016.02.17 2015고정128
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2015 High Court Decision 128]

1. Around May 2014, the Defendant violated the Mountainous Districts Management Act, when it was impossible to use access roads to D temples located in Chungcheong-gun C, the Defendant managed by himself as a result of housing construction, caused forest damage equivalent to KRW 940,000,000, calculated by applying KRW 10,000,000 to the recovery cost for a site before mountainous district, the gradient of which is less than 10,000 square meters per 227 square meters in a forest damaged area, as the Defendant illegally converted forest land to mountainous district, by using one unit of land located in Chungcheong-gun, Chungcheongnam-gun, 02 for the purpose of installing temporary access roads.

[2015 High Court Decision 148]

2. On November 15, 2014, at the entrance of the access road in the Chungcheong-gun C around 16:30 on November 16, 2014, the injured Defendant inflicted injury on the victim G (69 years of age) on the ground that the Defendant completed the Defendant’s completion of pine trees to the victim G (69 years of age) on the ground that he did not speak as if he were bened, she carried a stick in possession of flat and carried the victim’s side flick in two times, resulting in the Defendant’s injury, such as a flick flick, which requires treatment for about 14 days,

Summary of Evidence

[2015 High Court Decision 128]

1. Partial statement of the defendant;

1. A report on investigation;

1. Restoration photographs of illegal sites;

1. A certified copy of the cadastral map and forestry map;

1. A survey report on the actual situation [ although the defendant and his defense counsel asserted that the area of the forest damaged by the defendant is larger than about 30 square meters, it can be sufficiently recognized that the forest damaged by the defendant reaches 227 square meters according to the investigation report and the survey result of the current status of the site before the illegal mountainous district attached thereto, and the field photograph, and thus, they cannot accept the above assertion];

[2015 High Court Decision 148]

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Investigation report (No. 2, No. 17, and No. 20)

1. On-site photographs;

1. A medical certificate of injury (No. 10 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs, such as the upper part of the body);

1. Article 53 Subparag. 1 and Article 14(1) of the Management of the Mountainous Districts of which punishment is the option for criminal facts, and the Criminal Act.

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