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(영문) 광주지방법원 2016.04.01 2016고정287
산지관리법위반
Text

The sentence against the accused shall be five million won or more.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant is a person who, from March 2015, received a lease of a paddy field in C’s door and manages a cemetery in B from around March 2015.

Any person who intends to use forests as dry field shall obtain permission to divert mountainous districts from competent authorities.

Nevertheless, the Defendant, without obtaining permission for diversion of mountainous district from July 2015 to August 201 of the same year, mobilized one excavation season for the purpose of using it as dry field from D forest in Naju City from around July 2015, and performed diversion of mountainous district by using 3,632 square meters of the damaged forest and 1,537 square meters adjacent to the north side, and 850 square meters of the same side on the same ground, removing miscellaneous trees and clearing land as dry field by cutting off the land.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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